Delhi High Court - Orders
Iifl Home Finance Ltd vs M/S Nav Bharat Impex And Ors on 17 November, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~44 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11569/2021
IIFL HOME FINANCE LTD. ..... Petitioner
Through: Mr. Pallav Saxena, Advocate.
versus
M/S NAV BHARAT IMPEX AND ORS ..... Respondents
Through: Mr. Romit Oberoi with Mr. Umang
Bhatia, Mr. Gaurav Kakar,
Advocates for R-1, R-2 and R-4.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 17.11.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
CM APPL. 40860/2021 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of.
CM APPL. 40750/2021 (for directions) in W.P.(C) 11569/2021
1. The respondent No. 2-Mr. Arun Kumar Aggarwal has filed this application contending that the order of the learned Chief Metropolitan Magistrate ["CMM"] dated 01.11.2021 on the petitioner's application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ["SARFEASI Act"], was passed without complying with the order of this Court dated 08.10.2021 passed in the captioned writ petition.
2. By the aforesaid order dated 08.10.2021, the Court had directed as Signature Not Verified follows:-
Digitally signed By:SHITU NAGPAL Signing Date:18.11.2021 10:46:05 W.P.(C)11569/2021 Page 1 of 3"1. The writ petitioner, IIFL Home Finance Limited, challenges an order passed by the learned Chief Metropolitan Magistrate dated 01.10.2021, by which the Court Receiver appointed vide order dated 10.09.2021 has been directed not to proceed with the execution of the said order. The order dated 10.09.2021 was passed upon the petitioner's application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and a Receiver was appointed to take possession of the immovable property [Plot No. 74, Block-B1, Safdarjung Enclave, New Delhi- 110029].
2. It appears from the impugned order that the matter was to be listed before the CMM today, i.e. 08.10.2021. I am informed by Mr. Pallav Saxena, learned counsel appearing for the petitioner, and Mr. Rohit Oberoi, learned counsel appearing for respondent nos. 1, 2 and 4, that the proceedings before the CMM have been adjourned to 27.11.2021. Instead of entertaining the present petition at this stage, I am of the view that the interest of justice would be served if the petitioner is permitted to make an application before the CMM for advancement of the date of hearing.
3. Mr. Saxena states that an application in this regard will be moved before the CMM, who is requested to consider the same in view of the fact that the Court Receiver had already been appointed vide order dated 10.09.2021. Mr. Oberoi confirms that respondent nos. 1, 2 and 4 will cooperate in the expeditious disposal of the proceedings before the CMM. Naturally, prior to the hearing of the matter, the CMM will issue notice to other respondents.
4. The writ petition, alongwith pending application, is disposed of in these terms."
3. Thereafter, the learned CMM passed the order dated 01.11.2021 pursuant to which the Receiver has also given notice dated 02.11.2021 for taking possession of the property [Plot No. 74, Block-B1, Safdarjung Enclave, New Delhi-110029]. The order of the learned CMM and the Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:18.11.2021 10:46:05 W.P.(C)11569/2021 Page 2 of 3 Receiver's notice have been challenged by Ms. Vishakha Aggarwal [the respondent No. 4 herein and the wife of the applicant-respondent No. 2], under Section 17 of the SARFAESI Act.
4. As the Debts Recovery Tribunals ["DRT"] in Delhi are, at present, non-functional, she also filed W.P.(C) 12899/2021, which was listed yesterday, i.e. 16.11.2021. The said writ petition was disposed of, transferring the securitisation application to the DRT, Jaipur. The Receiver was directed to defer the proceedings for taking possession of the property, subject to deposit of certain amounts.
5. In these circumstances, no orders are required in this application. If the applicant wishes to challenge any orders or measures taken under the SARFAESI Act, it is for him to do so in accordance with the statutory scheme.
6. The application stands disposed of with these directions.
PRATEEK JALAN, J NOVEMBER 17, 2021 'vp'/ Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:18.11.2021 10:46:05 W.P.(C)11569/2021 Page 3 of 3