M/S Chunnu Fashions v. Edelweiss Asset Reconstruction Company Limited And ORS.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 352/2019 & CM. Nos. 1669/2019 and 1670/2019 M/S CHUNNU FASHIONS ..... Petitioner Through:

Mr. Anshuj Dhingra, Adv. with Ms. Nitika Khanna, Adv.

versus EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED AND ORS.

..... Respondents Through:

Mr.R.P. Agrawal, Adv. with Ms. Sonali Rastogi, Adv.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 16.01.2019 CM. No. 1670/2019 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 352/2019 1.

The present petition has been filed with the following prayers:- "(a) Direct the Ld. Debt Recovery Tribunal (DRT-III), Delhi not to proceed with the final hearing in O.A. No. 1/2013 or pass any order finally adjudicating the proceedings thereunder till the disposal of Misc. Appeal No. 223 of 2018 pending before the Ld. Debt Recovery Appellate Tribunal;

(b) Pass such other Order as may be deemed fit and expedient in the interest of justice."

2.

Suffice it to state and conceded by the learned counsel for the petitioner that against the order dated April 21, 2018, the petitioner has already filed an appeal before the Debt Recovery Appellate Tribunal and the next date of hearing is January 17, 2019 i.e tomorrow. That apart, the hearing before the DRT is on January 18, 2019. If that be so, there is no reason for us to entertain the writ petition. It appears that the writ petition has been filed only to delay the proceedings. The writ petition stands dismissed.

CM. No. 1669/2019 (for stay) Dismissed as infructuous.

CHIEF JUSTICE V. KAMESWAR RAO, J JANUARY 16, 2019/ak