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Sangita Jhunjhunwala vs The Jammu & Kashmir Bank Ltd & Anr on 23 July, 2020

Author: Hima Kohli

Bench: Hima Kohli, Subramonium Prasad

$~3
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 3025/2020

       SANGITA JHUNJHUNWALA                                     ..... Petitioner
                        Through:              Ms. Nattasha Garg, Advocate

                                 versus

       THE JAMMU & KASHMIR BANK LTD & ANR.          ....Respondents
                        Through: Mr. Mr. Pankaj Saxena, Advocate
                                 for respondent No.1/Bank.
                                 Mr. Aseem Chaudhary, Advocate
                                 for the respondents.

CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

                                 ORDER

% 23.07.2020 HEARD THROUGH VIDEO CONFERENCING.

CM.APPL No.10540/2020(exemption) Allowed, subject to all just exceptions.

W.P.(C).3025/2020 & CM.No.16123/2020(delay)

1. The present petition has been filed by the petitioner praying inter alia for issuing a writ of certiorari and quashing/setting aside a Notice of Attachment dated 07.03.2020, issued by the Recover Officer, DRT-I for enforcement of the order dated 24.06.2019, passed by the DRT-I in OAs No.500/2017, 501/2017 and 502/2017.

2. At the outset, we have requested learned counsel for the petitioner to address us on the maintainability of the present petition in this Court particularly when, the petitioner has an equally efficacious alternative remedy of approaching the DRT, if aggrieved by the impugned order.

3. Learned counsel for the petitioner states that when the present petition was filed in the month of May, 2020, the DRT was not functioning due to the COVID-19 pandemic. However, Mr. Pankaj Saxena, learned counsel for the respondent No.1/Bank states that the DRT has now started functioning.

4. We do not propose to entertain this writ petition, as the DRT has started functioning. The petition is disposed of with liberty granted to the petitioner to seek her remedy before the appropriate forum. Needless to state that the affidavit filed by the petitioner in compliance with the order dated 01.05.2020, shall be examined by the DRT, while considering the submissions that may be made by the petitioner to assail the Notice of Attachment dated 7.3.2020.

5. The petition is disposed of, along with the pending application.

HIMA KOHLI, J.

SUBRAMONIUM PRASAD, J.

JULY 23, 2020 pst W.P.(C).3025/2020 Page 2 of 2