M/S Sympoh Marketing Pvt Ltd And ORS v. Union Of India & ORS.

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2677/2026 & CM APPL. 13020/2026 M/S SYMPOH MARKETING PVT LTD AND ORS .....Petitioners Through:

Mr. Sidharth Chopra, Mr. Aditya Awasthi, Mr. Mukul Bhati, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Reema Khorana, Mr. Vikash Kumar, Advs. for R-3 Mr. Wahid Mashaal, Mr. Anisul Haque, GP for UOI.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 25.02.2026 CM APPL. 13019/2026 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of.

W.P.(C) 2677/2026 3.

This is a petition filed under Article 226 and 227 of the Constitution of India seeking the following reliefs:

"I. Issue a Writ in the nature of Mandamus or any other appropriate Writ directing the Respondent No.3 to enforce the regulatory package announced by the Reserve Bank of India (Respondent No.2) dated 27.03.2020, 17.04.2020, 23.05.2020 and 26.10.2020 in letter and spirit; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

II. Issue a Writ in the nature of Mandamus or any other appropriate Writ directing the Respondent No.3 to extend the benefit of the circular dated 06.08.2020 issued by the Reserve Bank of India (Respondent No.2) thereby allowing the Petitioner for one-time restructuring.

III. Issue a Writ in the nature of Mandamus or any other appropriate Writ for quashing and setting aside the decision of Respondent No.3 denying the benefit of moratorium to the Petitioner in the months of March, April, May, June, July and August 2020 and directing the Respondent Bank to recast the statement of accounts of the Petitioner and make it a regular account.

IV. Issue a Writ in the nature of Mandamus or any other appropriate Writ against the declaration of NPA on 18-052020 of the account of the Petitioner as illegal as the same is contrary to the RBI Circular, No.

DOR.No.BP.BC.63/21.04.048/2019-20 dated 17-04-2020 and any, action in consequences thereof further granting status-quo ante in respect of the illegal declaration of the loan accounts as NPA;

V. Issue a Writ in the nature of Mandamus or any other appropriate Writ thereby quashing and setting aside the notice dated 27.08.2025 issued by the Ld. District Magistrate, Gautam Budh Nagar, Uttar Pradesh; VI. Issue a Writ in the nature of Mandamus or any other appropriate Writ thereby quashing and setting aside the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

impugned possession notice dated 13.02.2026 issued by the Respondent No.3 on the basis of the Demand Notice dated 02.09.2020,.."

4.

The brief facts of the case are that the petitioners availed loan facilities from the respondent No. 3 for an amount of Rs. 2,65,50,000.00 vide Loan Account No. 48396044 and for an amount of Rs. 86,00,000/- vide Loan Account No. 48786055. 5.

Since there was a nation wide lockdown imposed due to outbreak of Covid- 19 virus, the petitioner suffered losses and could not service the loan.

6.

Despite the guildelines by the Reserve Bank of India, the respondent No. 3 declared the loan accounts of the petitioners as Non Performing Assests on 01.06.2020 and 01.07.2020. Thus, the petitioners filed a writ petition in this court being W.P.(C) No. 825/2020, wherein interim orders were issued. The writ petition was dismissed as withdrawn with liberty to approach the Debt Recovery Tribunal ("DRT").

7.

The petitioner accordingly approached the DRT and moved an application seeking stay against proceedings initiated by respondent No. 3 under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 but no stay was granted. 8.

Mr. Chopra, learned counsel for the petitioners, states that the Debt Recovery Appellate Tribunal ("DRAT") is not functional and hence, the present petition has been filed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Ms. Khorana, learned counsel for the respondent No.3, on instructions, states that with effect from today, DRAT Chennai is hearing appeals arising out of orders passed by DRT, Delhi. 10.

In this view of the matter, Mr. Khorana, learned counsel, states that the petitioners shall deposit an amount Rs. 25 lakhs with the respondent bank within 2 weeks from today and approach DRAT within 4 weeks thereafter.

11.

Till the petitioners approach the DRAT, the effect of the Notice dated 27.08.2025 shall remain stayed. The DRAT, Chennai, shall consider the application for pre-deposit waiver of sympathetically and shall also consider that the petitioners have deposited Rs. 25 lakhs with the respondent bank.

12.

This court has not examined the merits and demerits of the matter and the DRAT, Chennai shall hear them uninfluenced by any observations herein above.

13.

The petition is disposed of in the aforesaid terms. 14.

Dasti under the signature of the Court Master. JASMEET SINGH, J FEBRUARY 25, 2026/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.