Delhi High Court - Orders
Kela Devi & Anr vs Govt Of Nct Of Delhi & Ors on 13 May, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1815/2022 & CM No.5241/2022
KELA DEVI & ANR. ..... Petitioners
Through: Mr Jitendra Sirohi, Adv.
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr Sourabh Pahuja, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 13.05.2022 [Physical court hearing/ hybrid hearing (as per request)]
1. On 31.01.2022, we had directed that the petitioners will not be dispossessed in case they were to deposit on or before 03.02.2022 Rs.2,50,000/- with respondent no.3,.
1.1 Besides this, we had also directed respondent no.3 to provide a complete statement of account to the petitioners, commencing from the date, when the account was declared NPA till 31.01.2022; albeit within two days from that date.
2. Admittedly, Rs.2,50,000/- was not deposited by the petitioners as directed.
2.1. The record shows that on 02.05.2022, learned counsel for the petitioners, conceded that the direction contained in the order dated 31.01.2022 has not been fulfilled. However, no grievance was articulated that the aforementioned amount was not deposited because respondent no.3 had not furnished the statement of account, as directed by us. 2.2. Given this position, we had directed the learned counsel for the W.P.(C) 1815/2022 page 1 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:15.05.2022 17:21:44 petitioners to place before us a demand draft drawn in favour of respondent no.3 for the value indicated hereinabove.
3. Mr Jitendra Sirohi, who appears on behalf of the petitioners, seems to erroneously conflate the direction issued qua deposit of Rs.2,50,000/- by the petitioners with the direction issued to respondent no.3 to furnish the statement of account.
3.1 According to us, that direction, as indicated in the order dated 31.01.2022, was issued, as the petitioners, for whatever reasons, were not satisfied with the amount claimed in the demand notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), which is, Rs.5,84,219/-.
4. In view of the above, the interim order dated 31.01.2022 shall stand vacated.
5. At this stage, Mr Sourabh Pahuja, who appears on behalf of respondent no.3, informs us that the statement of account was given earlier. 5.1 Mr Pahuja concedes that respondent no.3 has been remiss in not complying with the direction issued qua the said respondent on 31.01.2022. 5.2 Mr Pahuja says that he will furnish a fresh statement of account via e- mail to the counsel for the petitioners within the next two days.
6. List the writ petition on 31.08.2022.
RAJIV SHAKDHER, J
POONAM A. BAMBA, J
MAY 13, 2022
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W.P.(C) 1815/2022 page 2 of 2
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:15.05.2022
17:21:44