Mamta Goyal v. Punjab National Bank & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4931/2025 MAMTA GOYAL .....Petitioner Through:

Mr. Ronnie S. Brara, Mr. Rishi Gupta, Harkaran Singh, Advocates versus PUNJAB NATIONAL BANK & ANR.

.....Respondents Through:

CORAM:

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

O R D E R

% 21.04.2025 CM APPL. 22661/2025 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 4931/2025 & CM APPL. 22660/2025 1.

Petitioner has approached this Court with the following prayers: "i) Direct the Respondent Bank to accept the balance 75% amount of the 1" auction dated 22.08.2019 and consequently issue the Sale Certificate and hand over possession of the subject auctioned properties to the Petitioner upon receipt of the balance Sale consideration amount;

ii) In the alternative, direct the Respondent No.1 Bank to forthwith refund the deposited/forfeited 25% of the EMD/Sale consideration amount along with interest accrued thereon from the date of deposit till the date of actual payment;

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iii) In the alternative, direct the Ld. Debts Recovery Appellate Tribunal to expeditiously dispose of the Regular Appeal No. 213/2023 in a time-bound manner; iv) Pass any other or further order as this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case."

2.

Material on record discloses that against the Order dated 04.09.2019, passed by the Debts Recovery Tribunal, an appeal has been filed by the Petitioner before the Debts Recovery Appellate Tribunal raising the same contentions as has been raised in the present Petition. 3.

In view of the fact that the Debts Recovery Appellate Tribunal is in seisin of the matter, this Court is not inclined to entertain the present Petition.

4.

The Petitioner may, if so chosen, approach the Debts Recovery Appellate Tribunal and make a request for disposal of the appeal as expeditiously as possible.

5.

With these observations, the Writ Petition is disposed of, along with pending applications, if any.

6.

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

SUBRAMONIUM PRASAD, J HARISH VAIDYANATHANSHANKAR, J APRIL 21, 2025 Rahul 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 25/04/2025 at 11:07:52