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Delhi High Court - Orders

Asset Reconstruction Company India Ltd vs Ats Infrastructure Limited & Ors on 20 March, 2023

Author: Yashwant Varma

Bench: Yashwant Varma

                    $~35 & 36
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +    ARB. A. (COMM.) 7/2022, I.A. 1389/2022 (Interim Stay)
                         ASSET RECONSTRUCTION COMPANY INDIA LTD.
                                                                       ..... Petitioner
                                        Through: Mr. Jayant Mehta, Sr. Adv., Mr.
                                                     Manmeet Singh, Mr.
                                                     Yashvardhan Bandi, Ms. Anjali
                                                     Dwivedi and Mr. Raghav,
                                                     Advs.

                                            versus

                          ATS INFRASTRUCTURE LIMITED & ORS.
                                                                        ..... Respondent
                                            Through:    Mr. Naman Joshi and Ms.
                                                        Ritika Vohra , Advs. for R-1 to
                                                        4.
                                                        Mr. Pinaki Mishra, Sr. Adv.,
                                                        Mr. Raddhika Khanna and Mr.
                                                        Amer Ved, Adv. for R-5.
                                                        Mr. Darpan Wadhwa, Sr. Adv.,
                                                        Ms. Raddhika Khanna and Mr.
                                                        Amer Ved, Advs. for R-6.
                                                        Mr. Apoorv Khator, Adv. for
                                                        R-7.
                    36
                    +     ARB. A. (COMM.) 78/2022, I.A. 18317/2022 (Stay), I.A.
                          18316/2022 (Delay in Appeal), I.A. 1455/2023 (Delay in
                          Reply)
                          HOUSING DEVELOPMENT FINANCE CORPORATION
                          LIMITED                                  ..... Petitioner
                                          Through: Mr. Jayant Mehta, Sr. Adv.,
                                                    Ms. Amrita Singh and Mr.
                                                    Raghav Bhatia, Advs.

                                            versus

                          DOMUS GREENS PRIVATE LIMITED & ORS.
                                                                ..... Respondent
                                      Through: Mr. Naman Joshi and Ms.
                                                Ritika Vohra , Advs. for R-1 to
                                                4.
                                                Mr. Pinaki Mishra, Sr. Adv.,
Signature Not Verified
                                                Mr. Raddhika Khanna and Mr.
Digitally Signed
By:NEHA
Signing Date:21.03.2023
17:51:44
                                                             Amer Ved, Adv. for R-5.
                                                            Mr. Darpan Wadhwa, Sr. Adv.,
                                                            Ms. Raddhika Khanna and Mr.
                                                            Amer Ved, Advs. for R-6.
                                                            Mr. Apoorv Khator, Adv. for
                                                            R-7.
                          CORAM:
                          HON'BLE MR. JUSTICE YASHWANT VARMA
                                            ORDER

% 20.03.2023 Mr. Mehta, learned Senior Counsel appearing for the petitioner is continuing with his submissions.

Let the matter be called again on 05.04.2023 in the category of "End of Board" as part heard.

The Court also takes on board the submission of Mr. Mehta, learned Senior Counsel who submits that the injunction as enshrined in paragraph 10 of the order of 09 February 2022 would not come in the way of the petitioner initiating proceedings as otherwise permissible in law including under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The statement so made is recorded and accepted.

Interim order, if any, to continue till the next date.

YASHWANT VARMA, J.

MARCH 20, 2023 neha Signature Not Verified Digitally Signed By:NEHA Signing Date:21.03.2023 17:51:44