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Shakuntala Devi vs Pnb Housing Finance Ltd And Anr on 7 January, 2022

Author: Vipin Sanghi

Bench: Vipin Sanghi, Jasmeet Singh

                                $~44.
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +     W.P.(C) 308/2022
                                      SHAKUNTALA DEVI                                 ..... Petitioner
                                                  Through:           Mr. Gaurav Gupta, Mr. Nikhil Kohli,
                                                                     Ms. Aditi Tomar & Mr. Peeyush
                                                                     Ranjan, Advocates.
                                                  versus

                                      PNB HOUSING FINANCE LTD AND ANR      ..... Respondents
                                                   Through: Ms. Asmita Singh, Advocate for
                                                            Mr.Gautam Narayan, ASC for the
                                                            GNCTD.
                                      CORAM:
                                      HON'BLE MR. JUSTICE VIPIN SANGHI
                                      HON'BLE MR. JUSTICE JASMEET SINGH

                                                               ORDER

% 07.01.2022 C.M. No. 888/2022

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 308/2022

3. Issue notice to respondent No.1 returnable on 25.01.2022.

4. We have requested Ms. Asmita Singh, Advocate - who is from the Office of Mr. Gautam Narayan, Additional Standing Counsel, to appear and accept notice. She, accordingly, accepts notice.

5. The case of the petitioner is that she is the widow of late Dr. Harish Kumar, who passed away during the First Wave of Covid-19 Pandemic, in June 2020. The petitioner's husband was serving at the New Life Hospital, G.T.B. Nagar, and was on Covid Duty.

6. We have enquired from learned counsel for the petitioner as to whether the petitioner has applied for and received the ex-gratia amount promised by the GNCTD to all Frontline Workers/ Doctors who died of Covid while in service. Learned counsel states that though an application for the same was made, the ex-gratia amount has not been received. Ms.Asmita Singh is directed to take instructions and report on the next date with regard to the progress of the application made by the petitioner for release of the ex-gratia amount. The petitioner should share a copy of the writ petition as well the application made by the petitioner for release of the ex-gratia amount to the GNCTD with Ms. Asmita Singh during the course of the day.

7. Learned counsel for the petitioner submits that the Receiver would proceed to take physical possession of the mortgaged property tomorrow, and on account of the DRT, Delhi not being fully functional and restrictions being placed due to ongoing wave of Pandemic, the Securitisation Application preferred by the petitioner is not getting listed.

8. In these circumstances, we stay the dispossession of the petitioner till the next date of hearing. The petitioner should, however, continue to endeavour to have the Securitisation Application listed in the meantime.

VIPIN SANGHI, J JASMEET SINGH, J JANUARY 07, 2022 B.S. Rohella Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:10.01.2022 16:16