Delhi High Court - Orders
Rakesh Sharma & Anr vs Iifl Home Finance Ltd on 28 September, 2020
Author: Jayant Nath
Bench: Jayant Nath
$~A-7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7026/2020
RAKESH SHARMA & ANR. ..... Petitioners
Through Mr.Piyush Hans, Advocate.
versus
IIFL HOME FINANCE LTD ..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 28.09.2020 This hearing is conducted through video-conferencing. CM No. 23953/2020 (exemption) The application is allowed subject to all just exceptions. W.P.(C) 7026/2020 and CM No. 23952/2020
1. The present writ petition is filed by the petitioners seeking to impugn the action taken by the respondent under the SARFAESI Act, 2002. The grievance of the petitioners is that without any notice under Section 13(2) and 13(4) of the SARFAESI Act, the respondent has taken coercive steps under Section 14 of the SARFAESI Act and dispossessed the petitioners from the property in question.
2. Learned counsel for the petitioners states that he is willing to settle the matter with the respondent.
3. Issue notice to the respondent, returnable for 04.11.2020.
4. Subject to the petitioners depositing a sum of Rs. 3 lakhs in this court within one week from today, the respondent shall maintain status quo as of today regarding the property in question, namely, 21 A, Upper Ground Floor, without roof right, out of Khasra No. 3/25 situated in the Revenue Estate of Village Matiala area abadi know as Kiran Garden in Block-A, Uttam Nagar, Delhi-59.
5. At this stage, learned counsel for the petitioners also states that some movable assets of the petitioners are lying locked in the property. The respondent will permit the petitioners to remove the movables from the property in question, if any.
JAYANT NATH, J SEPTEMBER 28, 2020 rb