Delhi High Court - Orders
Mohd Ziauddin & Ors vs Can Fin Homes Ltd & Ors on 1 December, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1087/2021 & CM No.42719/2021(for stay)
MOHD ZIAUDDIN & ORS. ..... Petitioners
Through: Mr. Amit Kr. Rohella, Advocate.
versus
CAN FIN HOMES LTD & ORS. ..... Respondents
Through: Mr. Ravinder Gupta, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 01.12.2021
1. The present petition under Article 227 of the Constitution of India impugns the order dated 8th November, 2021 passed by the Chief Metropolitan Magistrate, Shahdara, Karkardooma Courts, Delhi (CMM) and the notice for possession dated 17th November, 2021 issued by the Court appointed receiver seeking to take physical possession of the petitioners' property on 2nd December, 2021 at 11AM.
2. Counsel for the petitioners submits that all instalments up till 30 th November, 2019 have been paid by the petitioners and the defaults have been committed thereafter on account of the COVID-19 pandemic. He also submits that the petitioners are willing to pay the overdue amounts to the bank.
3. Counsel for the petitioners states that he has filed a Securitization Application (SA) before the Debt Recovery Tribunal (DRT), Delhi, however, the same could not be taken up for consideration on account of the DRT not being operational due to unavailability of a Presiding Officer. Accordingly, the petitioners are constrained to file the present petition under Signature Not Verified Digitally Signed CM(M) 1087/2021 Page 1 of 2 By:MAMTA ARYA Signing Date:01.12.2021 18:23:52 Article 227 of the Constitution of India.
4. Counsel enters appearance on behalf of the respondent no.1 and submits that the account of the petitioners has been declared Non Performing Asset (NPA) and thereafter, notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) has been issued on 7th April, 2021. He submits that the overdue amount as on date is about Rs.5,00,000/-.
5. The present petition is being entertained only on account of the urgent relief sought and non-functioning of the DRT, Delhi.
6. Subject to petitioners paying to respondents a sum of Rs.2,00,000/- on or before 3rd December, 2021, a further sum of Rs.1,50,000/- on or before 15th December, 2021 and a further sum of Rs.1,50,000/- on or before 31st December, 2021, there shall be a stay of the possession notice issued by the Court appointed receiver. It is clarified that if there is any default in making the aforesaid payments as on due dates, the stay order passed by this Court today shall automatically stand vacated and the Court appointed receiver will be at liberty to take physical possession of the property without any further recourse to this Court.
7. The aforesaid directions have been passed only as an interim arrangement on account of the non-functioning of the DRT, Delhi. The SA along with any interim application filed by the petitioners before the DRT shall be considered by the DRT as and when the DRT becomes functional, uninfluenced by any observations made in this order.
8. The petition and the pending application stand disposed of.
AMIT BANSAL, J DECEMBER 1, 2021/ak Signature Not Verified Digitally Signed CM(M) 1087/2021 Page 2 of 2 By:MAMTA ARYA Signing Date:01.12.2021 18:23:52