Delhi High Court - Orders
Ds Aggarwal & Ors vs Union Of India & Ors on 8 February, 2022
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
$~102
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15174/2021
DS AGGARWAL & ORS. ..... Petitioners
Through Mr.Vijay Kasana, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Ramesh Babu MR, Ms.Manisha
Singh & Ms.Sanya Panjwani, Advs. For RBI
Mr.Rishab Sahu, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 08.02.2022 CM APPL. 6850/2022 (interim directions)
1. This is an application filed by the petitioner seeking permission to deposit the disputed amount/foreclosure charges, which the respondent no.2/HDFC Limited is claiming from the petitioner for foreclosure of its loan account.
2. Learned counsel for the petitioners submits that the petitioners are aggrieved by the demand of Rs.22,20,444/- being claimed by the respondent no.2 as they are incurring a huge amount towards monthly interest on account of the said respondent's failure to foreclose the loan account. He however, submits that the petitioners, without prejudice to their rights and contentions raised in the present petition, are willing to deposit the present amount either with this Court or the respondent no.2 as may be directed, so that the loan account can be foreclosed and all the original documents deposited by the petitioners Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:09.02.2022 15:50:56 can be returned to them at the earliest.
3. Issue notice. Learned counsel for the respondents accept notice. Keeping in view the nature of the relief sought in the application, they do not propose to file any reply.
4. Mr. Rishab Sahu, appearing on behalf of respondent no.2, submits that the said respondent has no objection to the request made by the petitioner. He further submits that, in case, the petitioners deposit the amount of Rs.22,20,444/- with the respondent no.2, the loan account will be immediately foreclosed and all the original documents will be returned to the petitioners within one week from the date of receipt of the said amount.
5. In light of the aforesaid stand taken by the respondent no.2, the application is allowed by permitting the petitioners to deposit the aforesaid amount with a direction to the respondent no.2 to foreclose the petitioners' loan account and also return all the original documents submitted by the petitioners within one week from the date of receipt of the said amount.
6. Needless to state, this payment by the petitioners would be subject to the outcome of the present petition and in case, the petitioners were to succeed, the Court will consider directing the respondent no.2 to return the differential amount with interest to the petitioners.
7. The application is, accordingly, disposed of.
REKHA PALLI, J FEBRUARY 8, 2022 Kk Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:09.02.2022 15:50:56