Delhi High Court - Orders
Ad-Interim Injunction/Order ... vs Delhi Co-Operative Housing Finance ... on 18 August, 2022
Author: Siddharth Mridul
Bench: Siddharth Mridul, Amit Sharma
$~S-11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9596/2022 & CM APPL. 28647/2022 (for an ex-parte
ad-interim injunction/order directions in favour of the
Petitioner)
SH. KAMALJIT SINGH PAHWA ..... Petitioner
Through: Mr. Bharat Bhushan Bhatia,
Ms. Pooja Devi, Advocates.
versus
DELHI CO-OPERATIVE HOUSING FINANCE
CORPORATION LTD. AND ORS. ..... Respondents
Through: Ms. Shobhana Takiar,
Advocate for R-1.
Mr. Rajiv Vig, Advocate for
R-2.
Mr. Divyam Nandrajog,
Panel Counsel for GNCTD
with Mr. Jasmeet Jolly,
Advocate for R-3 to R-6.
Inspector Anand Kumar,
P.S: Vikas Puri.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 18.08.2022 The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:-
" a) Seeking appropriate Directions/Order/Writ to quash and set aside the order / Sealing warrant dated 16.06.2022, issued by Respondent No. 4 in the Recovery Signature Not Verified Digitally Signed W.P.(C) 9596/2022 Page 1 of 3 By:ANITA BAITAL Signing Date:22.08.2022 15:59:44 Case No. 526/2008- 09/1797 whereby the Respondent No. 4 directed Respondent No. 5 85 6 to seal flat No. 5 in Neel Kamal Appt, Block No. H-3, Plot No. 16, Vikas Puri, New Delhi -110018 of the petitioner and handover the vacant and physical possession of the said flat within 15 days to the Respondent No. 4;
b) Issue appropriate Directions/Order/Writ to the Respondent No. 3 and 4 to permit petitioner to file his objections and adjudicate the objections filed by the Petitioner and determine the liability of the loan of Respondent No.l, if any, against the Petitioner;
c) Pass any other or further order in favour of petitioner's which this Hon'ble Court deems fit and proper under the facts and circumstances of the present case."
Learned counsel appearing on behalf of the petitioner, seeks leave to withdraw this writ petition, with liberty to institute an appropriate proceeding under Section 116 of the Delhi Cooperative Societies Act, 2003 before the Financial Commissioner.
Leave and liberty granted.
However, in the facts and circumstances of the case, the respondent no. 4 shall not take coercive action against the petitioner for a period of four weeks from today.
Further, the amount deposited with the respondent no.1 shall abide by the directions issued by the Financial Commissioner in the proposed revision to be instituted on behalf of the petitioner.
No further directions are called for. Needless to state that, we have expressed no opinion on the merits of the case.
Signature Not Verified Digitally Signed W.P.(C) 9596/2022 Page 2 of 3 By:ANITA BAITAL Signing Date:22.08.2022 15:59:44The petition is dismissed as withdrawn and disposed of accordingly.
Pending application(s), if any, also stands disposed of.
SIDDHARTH MRIDUL, J.
AMIT SHARMA, J.
AUGUST 18, 2022/ab Click here to check corrigendum, if any Signature Not Verified Digitally Signed W.P.(C) 9596/2022 Page 3 of 3 By:ANITA BAITAL Signing Date:22.08.2022 15:59:44