Delhi High Court - Orders
Indu Kapoor vs Au Small Finance Bank & Anr on 2 February, 2022
Author: Vipin Sanghi
Bench: Vipin Sanghi, Jasmeet Singh
$~22.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2001/2022
INDU KAPOOR ..... Petitioner
Through: Mr. Gaurav Srivastava, Advocate.
versus
AU SMALL FINANCE BANK & ANR. ..... Respondents
Through: Mr. Samarendra Kumar, Advocate for
respondent No.1.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 02.02.2022 CM No. 5748/2022 Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 2001/2022 and C.M. No.5747/2022
1. Issue notice. Mr. Samarendra Kumar appears and accepts notice on behalf of respondent No.1.
2. We do not consider it necessary to direct issuance of notice to respondent No.2 at this stage in view of the order that we propose to pass.
3. The petitioner has preferred the present writ petition to assail the order dated 07.12.2021 passed by the DRT, Jaipur in TSA No.35/2021 titled Indu Kapoor Vs. AU Small Finance Bank. By the impugned order, the Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:04.02.2022 18:01:33 learned Tribunal has refused to grant interim relief to the petitioner against dispossession by the Receiver appointed at the behest of the respondent No.1 under the SARFAESI Act.
4. The petitioner claims that she is neither the borrower nor the mortgager of the property in question. The claim of the petitioner is that her property has wrongly been attached since it is not the property which has been mortgaged by the borrower/ respondent No.2.
5. The petitioner had earlier preferred a petition before this Court being W.P.(C.) No.13059/2021 titled Indu Kapoor Vs. AU Small Finance Bank & Another raising the aforesaid grievance. The learned Single Judge who dealt with the said writ petition called for a report of the SDM concerned. That report was placed before the Court. After considering the report, the learned Single Judge disposed of the writ petition on 22.11.2021. The learned Single Judge observed in paragraph 3 that in the light of the factual dispute with regard to identity of the property, it would be more appropriate that the said controversy is resolved by the DRT rather than by this Court in writ jurisdiction.
6. It is in this background that the matter was dealt with by the DRT when it passed the impugned order.
7. A perusal of the impugned order shows that the Presiding Officer has not considered any of the aspects placed before this Court while dealing with the aforesaid writ petition. The impugned order is one-page order and is completely cryptic.
8. In these circumstances, we set aside the impugned order and remand the matter back to the DRT for re-hearing and re-consideration of the interim application. The DRT, Jaipur should apply its mind to all the Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:04.02.2022 18:01:33 materials brought on record to determine the controversy with regard to the identity of the property mortgaged by the borrower with the respondent Bank. For that purpose, if any further reports are required to be called, or queries raised from any of the concerned authorities, the same should be done.
9. We are informed that, in the meantime, the Receiver appointed by the learned CMM has taken over possession of the property in question on 10.12.2021. Though the possession of the property shall remain with respondent No.1, the respondent No.1 shall not put the same to auction, or in any other form alienate the same till the aspect of identity of the property is resolved before the DRT.
10. Since the DRT, Delhi has become functional with vesting of additional charge to other DRTs, the proceedings are re-transferred to the DRT, Delhi from DRT, Jaipur. Neither party shall seek nor be granted any undue adjournment by the Tribunal. The DRT shall issue notice to the borrower so that the borrower is also heard at the time of hearing of the interim application filed by the petitioner.
11. The petition stands disposed of in the aforesaid terms.
VIPIN SANGHI, J JASMEET SINGH, J FEBRUARY 02, 2022 kd Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:04.02.2022 18:01:33