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Hdfc Bank Ltd vs Nature Cure And Yoga Trust & Ors on 3 January, 2022

Author: Vipin Sanghi

Bench: Vipin Sanghi, Jasmeet Singh

                          $~3
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 15186/2021 & CM APPL. 47845-47846/2021
                                HDFC BANK LTD                                       ..... Petitioner
                                             Through:            Mr. Jayant Mehta, Sr. Adv. with
                                                                 (appearance not given)
                                                    versus

                                NATURE CURE AND YOGA TRUST & ORS. ..... Respondents
                                             Through: Mr. Sanjeev Bhandari,
                                                      Ms.Priyadarshini Dewan and
                                                      Mr.Aarohi Mikkilineni, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE VIPIN SANGHI
                                HON'BLE MR. JUSTICE JASMEET SINGH
                                        ORDER

% 03.01.2022

1. Issue notice. Mr. Sanjeev Bhandari, learned counsel accepts notice on behalf of the respondents.

2. The petitioner assails the order dated 07.12.2021 and 15.12.2021 passed by DRT Jaipur, before whom the proceedings were transferred from DRT-III, Delhi on account of there being no incumbent in the said DRT. The petitioner also seeks a direction to the Court Receiver to execute the order dated 21.10.2021 passed by the Learned CMM, East District in Case No. 3159/2020 titled as 'HDFC Bank Ltd. v. Nature Cure And Yoga Trust & Ors'. In compliance of the order dated 11.11.2021 passed in W.P.(C) 12661/2021, the petitioner seeks re-transfer of the judicial file and record of TSA 15/2021 pending before DRT Jaipur to DRT-III, Delhi on account of the said DRT-III becoming functional due to assignment of additional Signature Not Verified Digitally Signed By:AMIT ARORA W.P.(C) 15186/2021 Page 1 of 4 Signing Date:05.01.2022 14:16:34 charge in respect of the said DRT to DRT Allahabad.

3. Mr. Bhandari appears for the respondents, and on instructions at the outset states that the respondents are running their hospital in a major portion of the property in question comprising 4,651 sq. yards and in another a school is being run by another management. He submits that the value of the property comprising unit ad-measuring 4,651 sq. yards would be sufficient to liquidate the entire dues of the respondents to the petitioner- bank. He therefore submits that the possession of the other unit ad- measuring 2,608 sq. yards be not taken at this stage.

4. He seeks time to surrender possession of the unit comprising 4,651 sq. yards whereon the hospital is also being run since there are 29 patients admitted in the hospital presently. We are not inclined to accede to the request of Mr. Bhandari that possession of only the first unit ad-measuring 4,651 sq. yards being run be taken by the Receiver at this stage and the possession of the other unit ad-measuring 2, 608 sq. yards. be not taken by the Receiver at all. The order of the learned CMM was for the receiver to take possession of both the portions and thus we are not inclined to interfere with that order. So far as the submission of Mr. Bhandari with regard to the patients being admitted in the hospital is concerned, we direct the respondents to file an affidavit on record disclosing the names and particulars of each patient admitted, the name, age, identity proof, the ailment with which the patient is suffering and the doctor under whom the patient is receiving treatment should also be indicated. All the patients and their attendants who are present in the hospital shall be informed that the physical possession of the hospital would be taken over by the Receiver on 31st January 2022 and in case they require further treatment, they should Signature Not Verified Digitally Signed By:AMIT ARORA W.P.(C) 15186/2021 Page 2 of 4 Signing Date:05.01.2022 14:16:34 make alternate arrangements and move out of the hospital. Under no circumstance, the respondents would be granted any further time to vacate and hand over peaceful possession of the hospital premises situated on property ad-measuring 4,651 sq. yards to the Receiver on the ground that any of the existing patients are still receiving treatment in the hospital. The receiver shall be entitled to regularly proceed to the hospital and check the records and take a round of the hospital. It shall be the responsibility of the respondents to vacate the hospital premises and to remove their belongings therefrom on or before 31st January, 2022.

5. So far as the other portion of the property ad-measuring 2,608 sq. yards. is concerned, the possession thereof shall also be surrendered simultaneously with the possession of the first portion of the property ad- measuring 4,651 sq. yards.

6. The affidavit containing the aforesaid undertakings, as already observed, be filed latest by tomorrow with copy to counsel for the petitioners.

7. Mr. Bhandari states that he has no objection to the prayer of the petitioner for re-transfer of the proceedings to DRT-III, Delhi being granted. We, accordingly, direct that the proceedings in Original S.A. 84/2020, which has been re-numbered as TSA 15/2021, DRT Jaipur, be re-transferred to DRT-III, Delhi forthwith.

8. Matter shall be listed before DRT-III Delhi for directions on 19.01.2022.

9. Mr. Bhandari states that the surrender of possession of the aforesaid two properties shall be without prejudice to the rights and contentions of the respondents which may arise before the appropriate forum.

10. List on 02.02.2022.

VIPIN SANGHI, J JASMEET SINGH, J JANUARY 3, 2022 sr Signature Not Verified Digitally Signed By:AMIT ARORA W.P.(C) 15186/2021 Page 4 of 4 Signing Date:05.01.2022 14:16:34