Delhi High Court - Orders
Ravi Chawla vs The Karnataka Bank Ltd on 26 November, 2020
Author: Jayant Nath
Bench: Jayant Nath
$~A-105
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9498/2020 and CM Nos.30550-30551/2020
RAVI CHAWLA ..... Petitioner
Through Mr.Sanjeev Bhandari and Mr.Vipin
Singh, Advs.
versus
THE KARNATAKA BANK LTD. ..... Respondent
Through Mr. Gautam Singhal and Mr. Rajat
Chaudhary, Advs.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 26.11.2020 This hearing is conducted through Video-Conferencing.
1. This writ petition is filed by the petitioner seeking appropriate directions to defer the date of taking physical possession of the residential house situated on the ground floor of the property bearing No. 46, Block C, Pamposh Enclave, New Delhi till the time interlocutory application filed before DRT-I, Delhi is heard.
2. The case of the petitioner is that the respondent Bank has initiated proceedings under SARFAESI Act. The petitioner has filed an SA on 22.09.2020. On 26.10.2020, the learned CMM Saket passed an order appointing a Receiver for taking physical possession of the property in question. The Receiver has issued a notice on 02.11.2020 for taking physical possession on 27.11.2020. The petitioner has filed an interlocutory application before the DRT for grant of interim relief. On 24.11.2020, the matter was listed. However, the application could not be listed as, it was stated, one of the staff member of the DRT was found COVID-19 positive and several other members have been found COVID Symptomatic. Hence, the DRT, it is stated, remained closed on 24.11.2020 and 25.11.2020.
3. Learned counsel for the respondent has entered appearance. He states that he has no objection to the early hearing application as the DRT is now functioning.
4. The concerned DRT is requested to hear the application of the petitioner on 02.12.2020 or on any such other date that may be convenient to the DRT as per law. The DRT will expeditiously dispose of the application of the petitioner preferable within four weeks.
5. Till the disposal of the interlocutory application, the parties/Receiver will maintain status quo regarding the property in question for a period of four weeks from today. It would be open for the DRT to extend the said interim order or to modify/vacate the interim order as per law.
6. Nothing further survives in the petition and the same is disposed of. Pending applications also stand disposed of.
JAYANT NATH, J NOVEMBER 26, 2020 rb