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High Court of DelhiW.P.(C)/1799/2023

Blessings Insitute Of Management And Technology & ANR. v. Bank Of India & ANR.

2025-09-19Hon'Ble Mr. Justice Anil Kshetarpal,Hon'Ble Mr. Justice Harish Vaidyanathan Shankar2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1799/2023 & CM APPL. 6836/2023 (stay) BLESSINGS INSITUTE OF MANAGEMENT AND TECHNOLOGY & ANR.

.....Petitioners Through:

Mr. Ravi Datta, Mr. Rajesh Sharma and Mr. Aryan Data, Advocates. (Appearance not given.) versus BANK OF INDIA & ANR.

...Respondents

Through:

Mr.

Santosh Kumar Rout, Standing Counsel for Respondent No. 1.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 19.09.2025 1.

The present Writ Petition has been filed under Articles 226 and 227 of the Constitution of India seeking to quash and set aside the impugned order dated 09.01.2023 passed by the learned Debts Recovery Appellate Tribunal (DRAT), Delhi, in Appeal No. 184 of 2022, and further seeking appropriate directions. 2.

The relevant portion of the order passed by the learned Chairperson of the DRAT is extracted herein below:- "

This matter has been taken up by me through Video Conferencing.

In this case, the appellants have to make pre-deposit as per the judgment of the Hon'ble Supreme Court in Court in the case of M/s Sidha Neelkanth Paper Industries Pvt. Limited Vs. Prudent ARC Limited & Ors. [Civil No. 8969 of 2022 decided 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 24/09/2025 at 12:21:27

on 05.01.2022]. Learned counsel for the appellants submits that he be given four weeks' time to make the pre-deposit. Heard. Let the appellants make the pre-deposit within four weeks. In the meanwhile, the file be consigned to the record room and be revived as soon as the appellants make the pre-deposit and files an application for revival of the appeal. However, the bank is restrained from taking the possession of the property in question for four weeks from today.

The learned counsel for the appellants states that in the meanwhile the appellants will approach the bank for settlement. Let the appellant make endeavour for settlement as well." 3.

From a perusal of the impugned order, it is evident that the Petitioners have been granted liberty to file an application for revival as and when the pre-deposit is made by the Petitioners. 4.

Learned counsel appearing for the Petitioners submits that the amount required to be pre-deposited has not yet been complied with. 5.

Keeping in view the facts and circumstances of the case, the Writ Petition is disposed of with the observation that the Petitioners may, if so advised, file an appropriate application before the DRAT in this regard.

6.

The Writ Petition along with pending application(s), if any, is disposed of accordingly.

ANIL KSHETARPAL, J HARISH VAIDYANATHAN SHANKAR, J SEPTEMBER 19, 2025/nd/ds/her 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 24/09/2025 at 12:21:27