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Delhi High Court - Orders

Encore Asset Reconstruction Company ... vs Asset Reconstruction Company India Ltd ... on 2 February, 2022

Author: Rekha Palli

Bench: Rekha Palli

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                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 2010/2022 & CM APPL. 5761/2022 (LLOD), CM APPL.
                                 5762/2022 (Exemption)

                                 ENCORE ASSET RECONSTRUCTION
                                 COMPANY PVT. LTD.                                    ..... Petitioner
                                                    Through        Mr. Ritesh Chaudhary, Adv.

                                                    versus

                                 ASSET RECONSTRUCTION COMPANY
                                 INDIA LTD AND ORS.                ..... Respondents
                                               Through Mr. Sanjeev Bhandari, Mr. Ravi Data
                                                       and Mr. Rajesh Sharma, Advs. for R-
                                                       2 to 7

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                         ORDER

% 02.02.2022 CM APPL. 5762/2022 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application is disposed of.

W.P.(C) 2010/2022

3. Learned counsel for the petitioner, submits, that petitioner has been compelled to approach this Court as the Debt Recovery Tribunal (DRT) is not inclined to consider the petitioner's application in this regard on an early date.

4. After some arguments, he submits that he does not press the present Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:03.02.2022 16:45:44 petition, but prays that the DRT be directed to take up the petitioner's application, in this regard, for consideration on an early date.

5. The writ petition is, accordingly, dismissed as not pressed with liberty to the petitioner to approach the DRT, with the prayer as sought in the present petition.

6. Keeping in view the petitioner's plea that, the dues of HSIIDC are mounting despite the availability of the funds which have been placed in a fixed deposit, the DRT is directed to take up petitioner's pending applications No.781/2020 and 900/2020 in SA 106/2012, for consideration as expeditiously as possible.

7. Needless to state, that it will be open for the DRT to consider whether the other pending applications are also required to be taken up along with the applications No.781/2020 and 900/2020.

REKHA PALLI, J FEBRUARY 2, 2022 ms Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:03.02.2022 16:45:44