Mw Trading Company v. L And T Finance Ltd

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3191/2025 & CM APPL. 20906/2025 (U/O 39 Rule 1 & 2 R/w 151 CPC for stay on the operation of the order dt. 25.03.2025) MW TRADING COMPANY .....Petitioner Through:

Mr. Mayank Wadhwa and Mr.

Shorya Goel, Advocates for Petitioner versus L AND T FINANCE LTD .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 08.04.2025 1.

The instant Writ Petition has been filed under Article 226 of the Constitution of India seeking the reliefs:

"a) Allow the present petition and issue a writ of Certiorari or any other appropriate writ by directing the Ld. DRT to take due cognizance of the IA/525/2025 and IA/530/2025 filed in SA/427/2024 in accordance with law and dispose of the same a time-bound manner;

b) Direct the Ld. DRT to grant a proper opportunity of hearing to the Petitioner in the IA/525/2025 and IA/530/2025 filed in SA/427/2024;

c) Set aside and quash the subsequent illegal demand notice dated 08/11/2024 and subsequent illegal possession notice 20/01/2025 along with the first possession notice dated 22/10/2024 issued by the Respondent during the pendency of SA/427/2024; d) Pass any such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

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 21/04/2025 at 12:05:29

2.

It is the case of the Petitioner that two interim applications, which have been filed along with the application under Section 17 of the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002. I.A. No. 525/2025 was for bringing on record subsequent events and I.A. No. 530/2025 was filed seeking interim relief.

3.

Learned counsel appearing for the Petitioner states that vide the Order dated 04.03.2025, only one application i.e., I.A. 525/2025 was considered and no orders were passed on the other application i.e., I.A. 530/2025.

4.

This Court is of the opinion that the instant Writ Petition is not maintainable since the learned Debts Recovery Tribunal ["DRT"] is yet to adjudicate the aforestated applications. It is always open for the Petitioner to approach the DRT again and press for I.A. 530/2025 and obtain appropriate orders.

5.

The Writ Petition is disposed of with the above observations. 6.

It is made clear that this Court has not passed any orders on the merits of the case.

7.

The next date already fixed i.e., 14.04.2025 stand cancelled. SUBRAMONIUM PRASAD, J HARISH VAIDYANATHAN SHANKAR, J APRIL 8, 2025/akc 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 21/04/2025 at 12:05:29