Delhi High Court - Orders
Aditya Birla Finance Limited vs Balishtha E-Tech Private Limited And ... on 20 March, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 133/2024
ADITYA BIRLA FINANCE LIMITED ..... Petitioner
Through: Mr. Nishant Srivastav, Adv. (M:
9151386532)
versus
BALISHTHA E-TECH PRIVATE LIMITED
AND ANR. ..... Respondents
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.03.2024
1. This hearing has been done through hybrid mode.
2. Vide order dated 31st January, 2024, the Court had directed the Registry to send emails to the Respondents. As per the Registry's report the service by email has been effected upon the Respondents. Further, an email has been handed over to the Court dated 13th March, 2024 where Mr. Avijit Mitra-Respondent No.2 who is also the Sole proprietor replied to the counsel for the Petitioner where certain medical grounds were raised by the Respondent No,2 and he also states as under:
"1)I was detected with CKD(cronic kidney dieses) at 1st of MARCH 2020 and I was unable to continue my business.
2)From January 2021 for my survival Dialysis journey has started thrice in a week & continued up to May 2023.
3)My Kidney Transplant had happen 23rd of May 2023. (Discharge summary attached).
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2024 at 01:10:00
4)In December 2023 I was admitted in hospital due to virus infection(Discharge summary attached).
5)In January 2024 I was admitted to hospital due virus infection (Discharge summary attached).
6)I have handed over my entire office space to ADITYA BIRLA in 2022. The entire loan has been sanctioned against the office space.
7)As you know the security (property) value is creater than the loan value.
8)I wish ADITYA BIRLA will sale the property & squire off the matter.
9)And this is actually a loan extention & the extention amount of loan was not disbursed to us. This is actually a pareodic extention of time not the monetary extention."
3. The Court has put a query to the Petitioner as to Whether the office space which is mentioned by the Respondent No.2, is in the possession of the Petitioner, to which the counsel submits in the affirmative. Let a competent official from the Petitioner-Company remain present in Court on the next date of hearing. The said official shall ascertain the market value of the property which is in possession of the Petitioner-company and make submissions on the next date of hearing as to the actual loan amount which is due from the Respondents and the market value of the property.
4. List on 7th May, 2024.
PRATHIBA M. SINGH, J MARCH 20, 2024 dj/ks This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2024 at 01:10:00