Aditya Birla Capital Limited v. Amit Kumar Sharma & ANR.

$~74 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 191/2026, CM Nos. 21109/2026, 21110/2026, 21111/2026 & 21112/2026 ADITYA BIRLA CAPITAL LIMITED .....Appellant Through:

Mr. Ravi Gupta, Senior Advocate with Ms. Ojaswi Sharma, Mr. Mahip Datta, Ms.

Muskaan Mehra, Mr.

Nirmit Bhalla and Ms.

Shivani Sharma, Advocates.

Versus

AMIT KUMAR SHARMA & ANR.

.....Respondents Through:

Mr. Vineet Chadha, Advocate for R1.

Mr. B.B. Gupta, Senior Advocate with Mr. Achal Gupta, Mr. Karan Jain and Ms.

Reena Jain Malhotra, Advocates for R2/Auction Purchaser.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 06.04.2026 1.

Heard the learned Counsel for the Parties.

2.

After arguing at some length, the learned Counsel for the Appellant states that the Appellant may be permitted to withdraw this Appeal with the liberty to approach the learned Single Judge by way of making an appropriate miscellaneous application raising the issue of nonmaintainability of the contempt proceedings in the wake of the provisions contained in Section 17(7) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with Section 19(25) of the Recovery of Debts and Bankruptcy Act, 1993. 3.

The learned Counsel for the Appellant states that the proceedings of the contempt petition instituted by Respondent No. 1 are not maintainable 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 08/04/2026 at 12:07:40

also in view of the law laid down by the Hon'ble Supreme Court in R.N. Dey and Others v. Bhagyabati Pramanik and Others, (2000) 4 SCC 400. 4.

Accordingly, the Appeal is dismissed as withdrawn with the liberty as prayer for.

5.

We make it clear that all the issues available in law to the Parties are kept open to be pressed before the learned Single Judge in the proceedings of the contempt petition.

6.

We, however, request the learned Single Judge that in case any such application is made by the Appellant, the proceedings thereof shall be expedited and decided as early as possible.

7.

It is needless to observe that the proceedings of the appeals instituted by the Appellant as also by Respondent No. 2 before the Debt Recovery Appellate Tribunal against the order passed by the Debt Recovery Tribunal, dated 21.02.2026 are independent of the contempt proceedings. 8.

The Appeal stands disposed of in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J APRIL 6, 2026/sms 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 08/04/2026 at 12:07:40