Cholamandalam Investment And Finance ... vs Geeta Devi & Anr on 10 April, 2023

[Cites 6, Cited by 0]

Delhi High Court - Orders

Cholamandalam Investment And Finance ... vs Geeta Devi & Anr on 10 April, 2023

$~61 to 63 & 66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 555/2023
CHOLAMANDALAM INVESTMENT AND
FINANCE COMPANY LIMITED ..... Petitioner
Through: Mr. Sanjeev Bhandari, Mr. Sushant
Bali, Mr. Deepak Kandpal, Mr. Kunal
Mittal, Mr. Saurabh Tanwar and Mr.
Naman Aggarwal, Advocates

versus

GEETA DEVI & ANR ..... Respondent
Through: None

+ CM(M) 556/2023

CHOLAMANDALAM INVESTMENT AND
FINANCE COMPANY LIMITED ..... Petitioner
Through: Mr. Sanjeev Bhandari, Mr. Sushant
Bali, Mr. Deepak Kandpal, Mr. Kunal
Mittal, Mr. Saurabh Tanwar and Mr.
Naman Aggarwal, Advocates

versus

RAJESH SHARMA & ORS ..... Respondent
Through: None

+ CM(M) 557/2023

CHOLAMANDALAM INVESTMENT AND
FINANCE COMPANY LIMITED ..... Petitioner
Through: Mr. Sanjeev Bhandari, Mr. Sushant

Signature Not Verified
Digitally Signed CM(M) 555/2023 & connected matters Page 1 of 5
By:VINOD KUMAR
Signing Date:13.04.2023
13:29:44
Bali, Mr. Deepak Kandpal, Mr. Kunal
Mittal, Mr. Saurabh Tanwar and Mr.
Naman Aggarwal, Advocates

versus

TAJINDER MOHAN SAPRA & ORS ..... Respondent
Through: None

+ CM(M) 561/2023
CHOLAMANDALAM INVESTMENT AND
FINANCE COMPANY LIMITED ..... Petitioner
Through: Mr. Sanjeev Bhandari, Mr. Sushant
Bali, Mr. Deepak Kandpal, Mr. Kunal
Mittal, Mr. Saurabh Tanwar and Mr.
Naman Aggarwal, Advocates

versus

SUNIL K & ORS ..... Respondent
Through: None

CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER

% 10.04.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 16780/2023, CM APPL. 16781/2023, CM APPL. 16784/2023 & CM APPL. 16811/2023

1. These are applications seeking exemption from filing certified copies of the annexures/documents.

2. Exemptions are allowed, subject to all just exceptions.

Signature Not Verified Digitally Signed CM(M) 555/2023 & connected matters Page 2 of 5 By:VINOD KUMAR Signing Date:13.04.2023 13:29:44

3. The applications stand disposed of.

CM(M) 555-557/2023 & 561/2023

4. The petitioner challenges the order dated 28.03.2023 whereby the learned ACMM has not exercised the powers conferred upon it under Section 14 of SARFAESI Act, 2002 and had dismissed the application under Section 410 of the Cr.P.C., 1973 as not maintainable. The prayers of the petitioner are as under:-

"(i) Allow the present petition;

(ii) Set aside Impugned Order dated 28.03.2023 passed by Ms. Saloni, Ld. ACMM (East District), Karkardooma Courts, Delhi in Transfer Application No.13 of 2023 titled as "Cholamandalam Investment and Finance Company Ltd. vs. Geeta Devi & Ors.";

(iii) Pass an order(s) to Ld. ACMM (East District), Karkardooma Courts, Delhi to dispose of Misc. Crl. No.34 of 2023 titled as Cholamandalam Investment and Finance Company Limited vs. Geeta Devi & Ors. pending disposal before the Court of Ld. CMM, East District, Karkardooma Courts, Delhi in terms of the judgment of Hon'ble Apex Court in R.D. Jain & Co. vs. Capital First Ltd., (2023) 1 SCC 675;

(iv) Pass direction(s) to the concerned official / registry of the Ld. CMM (East District), Karkardooma Courts, Delhi, to list the applications under Section 14 SARFAESI Act, 2002 before the Court of Ld. ACMM (East District), Karkardooma Courts, Delhi Court till the Court of Ld. CMM is lying vacant as per law;

(v) Pass appropriate directions to the Ld. ACMM (East District), Karkardooma Courts, Delhi to upload the orders passed in the matters pertaining to Section-14 of the SARFAESI Act, 2002 in terms of decisions in the matter of Signature Not Verified Digitally Signed CM(M) 555/2023 & connected matters Page 3 of 5 By:VINOD KUMAR Signing Date:13.04.2023 13:29:44 Cholamandalam Investment and Finance Company Limited vs. Rajeev Chawla, CM(Main) No.716 of2021;

(vi) Pass appropriate directions to the Courts of Ld. CMM to various districts of New Delhi to follow uniform procedure while adjudicating Applications under Section-

14 SARFAESI Act, 2002; in terms of Section 14 of SARFAESI Act, 2002;..."

5. Mr. Sanjeev Bhandari, learned counsel for the petitioner submits that as of now the petitioner would be satisfied in case a direction is passed to the learned ACMM to dispose of the application under Section 14 of SARFAESI Act, 2002 within the stipulated time in accordance with law.

6. Mr. Bhandari also submits that a general direction to all the learned ACMMs and CMMs in Delhi be passed in respect of the orders passed under Section 14 of SARFAESI Act, 2002 to be uploaded forthwith so as to ensure that the financial institutions like the present petitioner, do not suffer on account of not having the benefit of the orders passed under Section 14 in their hands.

7. Learned counsel also refers to the orders passed in the petitioner's own case in CM(M) 716/2021 whereby this Court vide the order dated 22.10.2021, particularly in para-13, had passed directions of the said nature.

8. This Court has heard Mr. Bhandari, learned counsel appearing for the petitioner and prima facie, is of the view, that keeping in view the nature and the urgency of an application filed under Section 14 of SARFAESI Act, 2002 as also keeping in view the time stipulated by the legislature, which also appears to be taking into consideration the urgency in such matters of economic nature, the Courts must act in accordance therewith in all earnest.

9. Accordingly, the learned ACMM is directed to take up these Signature Not Verified Digitally Signed CM(M) 555/2023 & connected matters Page 4 of 5 By:VINOD KUMAR Signing Date:13.04.2023 13:29:44 applications under Section 14 of SARFAESI Act, 2002 filed by the petitioner on or by 18.04.2023 and endeavour to expeditiously dispose of the same before 30.04.2023 or soon thereafter.

10. So far as the second direction is concerned, as already directed vide order dated 22.10.2021 in CM(M) 716/2021, this Court reiterates the directions of para-13 of the said order and would direct the Administrative side of all the District Courts to ensure that the orders passed by the learned CMMs/ACMMs in respect of applications under Section 14 of SARFAESI Act, are promptly uploaded so as to enable the counsel as well the parties to have the benefit of those orders.

11. The Registrar General of this Court is also directed to ensure that this order is forwarded to the Principal District and Sessions Judges in Delhi for their perusal as also implementation.

12. So far as the prayers (iv) and (vi) are concerned, list on 29.05.2023 for passing appropriate directions after examining the relevant judgments placed on record by the petitioner.

TUSHAR RAO GEDELA, J APRIL 10, 2023 Aj Signature Not Verified Digitally Signed CM(M) 555/2023 & connected matters Page 5 of 5 By:VINOD KUMAR Signing Date:13.04.2023 13:29:44

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Delhi High Court - Orders