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Delhi High Court - Orders

Babita Aggarwal vs State Bank Of India And Ors on 11 October, 2023

Author: Purushaindra Kumar Kaurav

Bench: Purushaindra Kumar Kaurav

                                    $~56
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 9066/2023
                                                BABITA AGGARWAL                                                                 ..... Petitioner
                                                                                      Through:                 Mr.Sudhir Makkar, Sr.Advocate with
                                                                                                               Mr.Abhay Chauhan and Mr. Kamal
                                                                                                               Kishore, Advocates.
                                                                                      versus
                                                STATE BANK OF INDIA AND ORS                                                     ..... Respondents
                                                                                      Through:                 Mr. Santosh Kumar Rout, SC with
                                                                                                               Mr. B. N. Mishra and Ms. Dharna
                                                                                                               Veragi, Advocates.
                                    CORAM:
                                    HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
                                                                                      ORDER

% 11.10.2023 CM APPL. 52910/2023 (for early hearing)

1. Having heard learned counsel appearing on behalf of the parties, it is seen that this matter was taken up for consideration on 27.09.2023 and on the request of the petitioner, the hearing was deferred for 30.10.2023.

2. Learned senior counsel appearing on behalf of the petitioner submits that the hearing of the case be preponed to any convenient date as the respondent-bank has already moved an application under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter as 'SARFAESI Act').

3. Having considered the prayer made by learned senior counsel, this court is not inclined to prepone the date, however, the same is postponed to 31.10.2023, as alternatively requested by the petitioner.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2023 at 14:25:59

4. The application stands disposed of, accordingly. W.P.(C) 9066/2023

5. Learned senior counsel appearing on behalf of the petitioner seeks liberty to take appropriate recourse in accordance with Section 17 of the SARFAESI Act or avail any other alternate remedy, without prejudice to the rights and contentions raised in the instant petition.

6. The liberty, so prayed for, is granted.

7. List this matter on 31.10.2023.

8. The date already fixed i.e. 30.10.2023, stands cancelled.

PURUSHAINDRA KUMAR KAURAV, J OCTOBER 11, 2023/p/shs Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2023 at 14:25:59