Delhi High Court - Orders
Rakesh Sharma & Anr vs Iifl Home Finance Ltd on 12 March, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7026/2020 & CM APPLs. 23952/2020, 27911/2020
and 4637/2021
RAKESH SHARMA & ANR. ..... Petitioners
Through: Mr. Piyush Hans, Advocate.
versus
IIFL HOME FINANCE LTD ..... Respondent
Through: Mr. Pallav Saxena and Ms. Bindu
Das, Advocates
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 12.03.2021 The proceedings in the matter have been conducted through video conferencing.
W.P.(C) 7026/2020 & CM APPL. 4637/2021 (seeking dismissal of the writ petition)
1. I have heard Mr. Piyush Hans, learned counsel for the petitioners, and Mr. Pallav Saxena, learned counsel for the respondent.
2. After some hearing, with the consent of learned counsel for the parties, the writ petition is disposed of with the following directions:-
(a) The petitioners will approach the concerned branch of the respondent by tomorrow, in an attempt to settle the respondent's dues. It is stated by Mr. Hans that the petitioners have received a notice from the respondent regarding auction of the secured asset and that they are Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C)7026/2020 Page 1 of 2 Signing Date:12.03.2021 19:25:18 willing to pay the amount mentioned in the said notice. Mr. Saxena states that he will communicate the name of the concerned officer, and the date and time at which the petitioners should approach the said concerned officer to Mr. Hans today itself, i.e. 12.03.2021.
(b) In the event it is not possible to settle the disputes, the petitioners will be at liberty to approach the Debts Recovery Tribunal ["DRT"], under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. The rights and contentions of the parties in such proceedings are left open. The DRT will consider the case on its own merits. It is made clear that this Court has not made any observation, even prima facie, on the merits of the respective cases of the parties.
(c) As the auction has been fixed by the respondent on 17.03.2021, the petitioners will also be at liberty to seek an early date of hearing before the DRT. The DRT is requested to endeavour to hear the petitioners, at least for the consideration of interim orders, keeping in mind the date of the auction.
3. The petition and the pending applications stand disposed of in these terms.
PRATEEK JALAN, J MARCH 12, 2021 vp Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C)7026/2020 Page 2 of 2 Signing Date:12.03.2021 19:25:18