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High Court of DelhiW.P.(C)/881/2025

Smfg India Credit Company Ltd.(Formerly Known As Fullerton India Credit Company Limited) v. Hotel Gem Plaza & ORS.

2025-01-23Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 881/2025 SMFG INDIA CREDIT COMPANY LTD.

(FORMERLY KNOWN AS FULLERTON INDIA CREDIT COMPANY LIMITED) .....Petitioner Through:

Mr.Jagdeep Sharma, Sr.Advocate with Mr.Kartikay Sharma versus HOTEL GEM PLAZA & ORS.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 23.01.2025 CM APPL. 4306/2025 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 881/2025 3.

The petitioner has filed the present petition, inter-alia, praying as under:

"a.

Pass directions to the Ld. Debt Recovery Appellate Tribunal, New Delhi to decide the Appeal No.32/2022 arising out of S.A. No.379/2019 (DRT Jaipur), titled as Fullerton India Credit Company Limited Vs. M/s Hotel Gems Plaza & Ors. in a time bound manner and as expeditiously as possible; b.

Pass such other or further orders as this Hon'ble Court may deem fit and proper."

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 29/01/2025 at 12:32:02

4.

The case of the petitioner is that its appeal is pending before the learned Debt Recovery Appellate Tribunal (in short „DRAT‟), which is not being heard.

5.

The learned counsel for the petitioner submits that its appeal has been listed on number of occasions, but is not taken up given the number of specially directed matters, which are taken up by the learned DRAT in priority to the petitioner‟s appeal.

6.

In the aforesaid context, the learned counsel for the petitioner requests that a direction be issued to the learned DRAT to decide the petitioner‟s appeal in a time bound manner.

7.

It is not apposite to issue any direction, the import of which amounts to controlling the board of the learned DRAT. However, we request the learned DRAT to take up the petitioner‟s appeal as expeditiously as feasible. 8.

In view of the above, the present petition is dismissed. VIBHU BAKHRU, J.

ANOOP KUMAR MENDIRATTA, J.

JANUARY 23, 2025/v Click here to check corrigendum, if any 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 29/01/2025 at 12:32:02