Ims (Institute Of Mathematical Sciences) & ORS. v. Sammaan Finserve Limited (Formely Known As Indianbulls Commercial Credit Limit)

$~79 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2711/2026 IMS (INSTITUTE OF MATHEMATICAL SCIENCES) & ORS. .....Petitioner Through:

Mr. J.M. Junaid, Mr. Fatesh Kumar Sahu, Mr. Divyanshu Jain, Mr. Vaibhav Patel, Advs.

versus SAMMAAN FINSERVE LIMITED (FORMELY KNOWN AS INDIANBULLS COMMERCIAL CREDIT LIMIT) .....Respondent Through:

Mr. Karan Luthra, Adv and Mr.

Rohan Dua, Adv

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 06.04.2026 CM APPL. 21281/2026 Allowed subject to all just exceptions.

The application stands disposed of.

CM APPL. 21280/2026 1.

This is an application filed under Section 151 of CPC, 1908 seeking directions to withdraw the notice dated 17.06.2025 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI") with liberty to issue fresh.

2.

For the reasons stated in the application, issue notice. 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 13/04/2026 at 12:20:11

3.

Mr. Sahu, learned counsel accepts notice on behalf of the petitioner and has opposes the present application.

4.

I am of the view that if the respondent wishes to withdraw notice served upon the petitioner under SARFAESI, the respondent is at liberty to withdraw the said notice and issue a fresh in accordance with law.

5.

Accordingly, the application is allowed and the notice dated 17.06.2025 stands withdrawn with liberty as prayed by the respondent.

6.

The application is disposed of in aforesaid terms. W.P.(C) 2711/2026 7.

In view of the notice having been withdrawn and the order passed in CM APPL. 21280/2026, the petition becomes infructuous and is disposed of.

8.

The question of maintainability of the writ petition has not been adjudicated.

JASMEET SINGH, J APRIL 6, 2026 / (MS) 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 13/04/2026 at 12:20:11