Delhi High Court - Orders
Sushma Batra vs Neelabh Mishra, Officer Housing ... on 5 September, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 939/2022 & CM APPL. 38946/2022
SUSHMA BATRA ..... Petitioner
Through: Mr. Paresh B., Mr. Mudit Gupta, Mr.
Abhishek K. Singh and Mr. Gurudas
Khurana, Advocates.
versus
NEELABH MISHRA, OFFICER
HOUSING DEVELOPMENT FINANCE
CORPORATION LIMITED ..... Respondent
Through: Mr. Darpan Wadhwa, Senior
Advocate with Ms. Amrita Singh,
Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 05.09.2022
1. Petitioner alleges contempt of order dated 25th May, 2022 passed in W.P.(C) 7129/2022 wherein the court issued the following interim directions: -
"8. In view of the foregoing, it is directed as follows:
A. Respondents are restrained from taking any coercive action against the Petitioners till the next date of hearing.
B. The order would bind the assignees of debts from original lenders. C. Banks/ NBFCs/ other Financial Institutions are directed to provide information qua the Petitioner's CIBIL score to TransUnion CIBIL Limited [formerly known as Credit Information Bureau (India) Ltd.], in terms of the order passed today, so that the CIBIL scores of the Petitioner are suitably amended in order to ensure that the Petitioner are not financially prejudiced."
2. Petitioner contends that despite the aforenoted order, Respondent continued to charge Pre-EMIs/EMIs for the months of June, July and August 2022. On the other hand, Mr. Darpan Wadhwa, Senior Counsel for Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:05.09.2022 20:20:59 Respondent, states that Petitioner's entire premise is misconceived. He submits that firstly interim directions issued by this court restraining the Respondents from taking coercive action are being honoured. Secondly the e-mail communication dated 16th June, 2022 [Annexure P-4] is advisory in nature reiterating the inter se contractual obligations including liability to pay Pre-EMIs/EMIs. The same does not violate the court's directions restraining coercive action. He further submits that there are several other home-buyers who have similar interim orders in their favour, but notwithstanding, have volunteered to make payments. Additionally, Mr. Wadhwa submits that Pre-EMIs/EMIs have been paid electronically pursuant to standing instructions issued by the Petitioner to her banker (which is not Respondent/HDFC Ltd.). In case Petitioner wishes not to transmit money, she would have to withdraw the standing instructions issued to her banker, which is beyond the jurisdiction of the Respondent.
3. Issue notice. Ms. Amrita Singh, Advocate, accepts notice on behalf of the Respondent.
4. Let counter-affidavit be filed within a period of one week from today. Rejoinder thereto, if any, be filed before the next date of hearing.
5. Re-notify on 15th September, 2022.
SANJEEV NARULA, J SEPTEMBER 5, 2022/d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:05.09.2022 20:20:59