Delhi High Court - Orders
Mohd. Aslam & Anr vs Karvy Financial Services Ltd & Anr on 22 November, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1044/2021 & CM No. 41238/2021(for stay)
MOHD. ASLAM & ANR. ..... Petitioners
Through: None.
versus
KARVY FINANCIAL SERVICES
LTD & ANR. ..... Respondents
Through: Ms. Surbhi Daras, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 22.11.2021
1. The present petition under Article 227 of the Constitution of India impugns the Possession Notice dated 20th October, 2021 and further proceedings consequent thereto, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, in relation to the secured asset of the petitioner bearing no. 42/4, Khasra No. 26/29, Gali No. 5, Near Bari Masjid, Village Khurejee Khas, Shahdara, Delhi-110051.
2. The counsel for the petitioner states that in terms of the notice issued under Section 13(2) of the SARFAESI Act, a sum of Rs.31,13,000/- was demanded from the petitioner. Without prejudice to his rights and contentions, the counsel for the petitioners has handed over today in Court, a demand draft dated 22nd October, 2021 bearing no. "085813" for the sum of Rs.20,00,000/- to the counsel for the respondents.
3. The counsel for the respondents submits that the notice under Section Signature Not Verified Digitally Signed CM(M) 1044/2021 Page 1 of 2 By:MAMTA ARYA Signing Date:22.11.2021 18:14:46 13 (4) of the SARFAESI Act was issued as the objections filed by the petitioner under Section 13 (3A) of the SARFAESI Act, were not received by the respondents.
4. In view of the aforesaid bank demand draft being handed over today and subject to the demand draft getting cleared, counsel for the respondents submits that the respondents will not be pursue the impugned possession proceedings in respect of the property of the petitioner.
5. At the request of the counsel for the parties, the matter is referred to the Delhi High Court Mediation and Conciliation Centre to explore possibilities of the settlement in respect of the balance amount.
6. Let the parties appear before the Delhi High Court Mediation and Conciliation Centre on 1st December, 2021 at 04.00PM
7. List before the Court for the report of the Delhi High Court Mediation and Conciliation Centre on 22nd December, 2021.
AMIT BANSAL, J NOVEMBER 22, 2021 Sakshi R. Signature Not Verified Digitally Signed CM(M) 1044/2021 Page 2 of 2 By:MAMTA ARYA Signing Date:22.11.2021 18:14:46