Delhi High Court - Orders
Bank Of Baroda vs Sangeeta Grover & Ors on 19 January, 2022
Author: Vipin Sanghi
Bench: Vipin Sanghi, Jasmeet Singh
$~24.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 773/2022
BANK OF BARODA ..... Petitioner
Through: Mr. Amit Mahaliyan, Advocate.
versus
SANGEETA GROVER & ORS. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 19.01.2022 C.M. Nos.2186/2022 & 2187/2022
1. Exemptions allowed, subject to all just exceptions.
2. The applications stand disposed of.
W.P.(C) 773/2022
3. The present writ petition is directed against the order dated 16.12.2021 passed by the DRT, Jaipur in case No.TSA/36/2021. The DRT, Jaipur has restrained the petitioner Bank from taking possession of the two properties which are mortgaged to the petitioner.
4. The submission of learned counsel for the petitioner is that the respondents had preferred C.M.(Main) No.1049/2021 before this Court under Article 227 of the Constitution of India on the ground that DRT-I, Delhi was not functioning and the Securitisation Application filed by them under Section 17 of the SARFAESI Act is not being taken up. It is submitted that the said petition pertained only to one property situated in Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:20.01.2022 15:25 Karol Bagh, and not to the other property situated in Rana Pratap Bagh. The petitioner has placed on record C.M.(Main) No.1049/2021 and the relevant prayer made in the said petition, reads as follows:
"(b) restrain/injunct the Respondent Bank from dispossessing the Petitioners from the property in question namely Property Bearing no. 10/11, Shop no.4, ground floor, Amrit Kaur Puri, Sat Nagar, Karol Bagh and is the property being claimed to be mortgaged till the Securitization Application under Section 17 of the Securitisation Act that is filed by the Petitioner is considered and heard by the Learned Debts Recovery Tribunal, Jaipur."
5. Reference is also made to the order passed by the Court on 22.11.2021, wherein, in paragraph 4, the Court took notice of the particulars of the property as Property No.10/11, Shop No.4, Ground Floor, Amrit Kaur Puri, Sat Nagar, Karol Bagh. The submission of learned counsel for the petitioner is that no restraint was sought and no restraint was granted in the aforesaid C.M.(Main) No.1049/2021 in respect of the Rana Pratap Bagh property and, therefore, the petitioner was entitled to take steps to take possession thereof. It is further submitted that the outstanding dues of the respondents are in excess of Rs.4 Crores.
6. Issue notice to the respondents by all permitted modes, including electronically as well as through counsel representing them before the DRT, returnable on 07.02.2022.
VIPIN SANGHI, J JASMEET SINGH, J JANUARY 19, 2022 B.S. Rohella Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:20.01.2022 15:25