Delhi High Court - Orders
Smt Meenakshi Through Her Gpa Sh Manoj ... vs New Habitat Housing Finance And ... on 11 September, 2023
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11933/2023 & CM APPL. 46690/2023
SMT MEENAKSHI THROUGH HER GPA SH MANOJ
KUMAR SINGH ..... Petitioner
Through: Ms. Swati Rathi, Ms.
Chetishtha Malik, Mr.
Vishal Boora, Mr. Rohit
Boora & Mr. Prem Sood,
Advs.
versus
NEW HABITAT HOUSING FINANCE AND
DEVELOPMENT LTD & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 11.09.2023 CM APPL. 46691/2023 (for exemption)
1. Exemptions allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 11933/2023 & CM APPL. 46690/2023
3. The petitioner has filed the present petition, inter alia, praying that directions be issued to the learned Debts Recovery Tribunal-II (hereafter 'DRT-II') to expedite the proceedings relating to the petitioner's application, under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereafter 'the SARFAESI Act'), being TSA No.842/2022.
4. It is the petitioner's grievance that her property has been attached and auctioned on account of a loan availed by a third party. The petitioner states that she is neither the borrower nor W.P.(C) 11933/2023 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:51:07 the guarantor, and that the documents on the basis of which the loan was availed by Respondent No. 2 & 3, are forged and fabricated. According to the petitioner, Respondent No. 1 did not have any security interest in her property.
5. The petitioner's grievance is that her application has been pending and has not been disposed of since a number of years. It is pointed out that she had also filed a writ petition [W.P.(C) 4915/2021 captioned Meenakshi v. New Habitat Housing Finance And Development Ltd. & Ors]. She submits that by an order dated 20.04.2021, the petitioner was granted liberty to file an application for early hearing, and that she had done.
6. Notwithstanding the same, the application has not been disposed of.
7. The petitioner has also drawn our attention to an order dated 29.05.2023, which indicates that the learned DRT-II had deferred the matter on the assumption that the Gazette notification No. 4509 dated 04.10.2022 (hereafter 'the notification') issued by the Government of India, Department of Financial Services and Ministry of Finance, regarding allocation of jurisdiction had been stayed by the Aurangabad Bench of Bombay High Court by an order dated 17.11.2022.
8. This Court decided by an order dated 18.07.2023 in Falak Industries Pvt. Ltd. through Authorised Agent Mr. Mohd. Salim Khatri v. Punjab National Bank Ltd & Ors.: W.P.(C) 8923/2023, and further clarified in M/s. Ral Nutralife Pvt. Ltd. v. State Bank of India & Ors.: Neutral Citation 2023: Delhi High Court:5096-DB, that the notification had not been stayed in regard to DRTs in Delhi. Therefore, there is no impediment for DRT-II to consider and dispose of the petitioner's application (TSA No.842/2022).
W.P.(C) 11933/2023 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:51:07
9. We notice that the said application is now listed before the DRT on 17.11.2023.
10. Given the long history of the said application, we consider it apposite to direct the learned DRT-II to consider the petitioner's application on the said date, and dispose of the same as expeditiously as possible, preferably within a period of six weeks from the said date.
11. The petition is disposed of in the aforesaid terms.
VIBHU BAKHRU, J AMIT MAHAJAN, J SEPTEMBER 11, 2023 "SK"
W.P.(C) 11933/2023 Page 3 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:51:07