Delhi High Court - Orders
Monika Traders vs Bank Of India on 5 September, 2023
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8485/2023 & CM APPL. 32339/2023
MONIKA TRADERS ..... Petitioner
Through: Mr. Rakesh Tomar, Adv.
(through VC)
versus
BANK OF INDIA ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 05.09.2023
1. The petitioner has joined through video conferencing, however, he is not visible but is audible.
2. The petitioner has filed the present petition, inter alia, praying that directions be issued to the learned Debts Recovery Tribunal to hear the securitisation application filed by the petitioner on an urgent basis.
3. The petitioner is essentially aggrieved by an order dated 13.06.2023, whereby the learned Debts Recovery Tribunal-II, Delhi had adjourned the petitioner's application filed under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter 'SARFAESI Act'), being SA/193/2023, captioned as Monika Traders v. BOI.
4. The said order indicates that the learned Debts Recovery Tribunal-II, Delhi had adjourned the application on the ground that the Bombay High Court had stayed the notification of allocation of jurisdiction by an order dated 17.11.2022.
5. This Court, by an order dated 18.07.2023 in W.P.(C) 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 16:38:39 8923/2023, captioned as Falak Industries Pvt. Ltd. through Authorised Agent Mr. Mohd. Salim Khatri v. Punjab National Bank Ltd. and M/s. Ral Nutralife Pvt. Ltd. v. State Bank of India & Ors.: Neutral Citation 2023: Delhi High Court:5096- DB has clarified that the notification dated 04.10.2022 (SO No.4718(E)) has not been stayed and is operative.
6. Accordingly, the learned Debts Recovery Tribunal-II, Delhi shall consider the petitioner's application (SA/193/2023) as expeditiously as possible.
7. The petitioner is also at liberty to approach the learned Debts Recovery Tribunal-II, Delhi for an urgent hearing.
8. The petition is disposed of in the aforesaid terms.
VIBHU BAKHRU, J AMIT MAHAJAN, J SEPTEMBER 5, 2023 "SS"
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 16:38:39