Kotak Mahindra Bank Ltd v. Satpal Singh Bindra & ANR

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 710/2020 & CM No.2035/2020 KOTAK MAHINDRA BANK LTD ..... Petitioner Through :

Mr. S. Surender, Adv.

versus SATPAL SINGH BINDRA & ANR ..... Respondents Through :

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 20.01.2020 1.

The limited grievance articulated in the writ petition is that the proceedings before the learned CMM have been pending for long. 2.

According to learned counsel for the petitioner bank, respondent no.1, who is the principal borrower, and respondent no.2, who is the guarantor, jointly and severally owe Rs.13,62,08,246.45 to the petitioner bank as on 25.11.2008.

3.

I am told by learned counsel for the petitioner bank that the proceedings under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short "SARFAESI Act") were taken out before the learned CMM in November 2014.

3.1 Furthermore, learned counsel informs me that on the last date i.e. 10.01.2020, the matter was adjourned to 11.03.2020 as the case file was not traceable.

W.P.(C) 710/2020

4.

In these circumstances, learned CMM is requested to have the case file traced so that the matter is not adjourned on 11.03.2020 which, according to learned counsel for the petitioner bank, is the next date fixed in the matter.

5.

In case, it is not possible to trace the file, learned counsel appearing in the matter should be called upon to reconstruct the file well before the next date of hearing.

6.

The captioned writ petition is disposed of in the aforesaid terms. 7.

The Registry will despatch a copy of the order to the concerned CMM.

RAJIV SHAKDHER, J JANUARY 20, 2020 aj W.P.(C) 710/2020