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High Court of DelhiW.P.(C)/6082/2024

Asset Care And Reconstruction Enterprises Ltd. (Acre) v. Standard Chartered Bank & ANR.

2025-01-10Hon'Ble Mr. Justice Anoop Kumar Mendiratta,Hon'Ble Mr. Justice Chandra Dhari Singh2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6082/2024 & CM APPL. 25274/2024 ASSET CARE AND RECONSTRUCTION ENTERPRISES LTD. (ACRE) .....Petitioner Through:

Ms.Manisha Agrawal, Advocate versus STANDARD CHARTERED BANK & ANR.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 10.01.2025 1.

The instant petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs: "A) Quash/ Set aside the Impugned Order dated 12.03.2024 passed by Sh. Nishitosh Kumar Pandey, the Ld. Recovery Offrcer -II, DRT-III in TRC No. 4712022 titled as Asset Care and Reconstruction Enterprises Ltd. vs JEG Hospitality Holdings Pvt Ltd. & Ors.;

B) Direct the Ld. Recovery Officer to proceed with the auction of the Property in Question namely A-39, Rosewood City, Sector-49, Gurugram in accordance with the provisions contained in Section 25(a) and (aa) of RDB Act, 1993 read with the Second Schedule of Income Tax Act, 1961 in terms of his order dated 14.09.2023, in which the Learned RO has held that the dues of Respondent No. 1 will be paid first, out of the sale proceeds of the Property in Question and only then, the residual amount would be paid to the Petitioner; C) Grant any other relief which this Hon'ble Court deems fit and expedient in view of the facts and circumstances cited 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 24/01/2025 at 14:55:51

above, in the interest of justice."

2.

Ms. Manisha Agrawal, learned counsel appearing on behalf of the petitioner fairly conceded that since the account has been settled, no grievance of the petitioner is left for further adjudication by this Court. She prayed that the matter may be disposed of as all the grievances of the petitioner have already been decided by the respondents, as prayed by the petitioner.

3.

None appears on behalf of the respondents.

4.

The statements of the learned counsel taking into consideration, we find there is nothing left for this Court to adjudicate upon in the instant petition.

5.

The petition is accordingly disposed of. All pending applications, if any, are also disposed of.

CHANDRA DHARI SINGH, J ANOOP KUMAR MENDIRATTA, J JANUARY 10, 2025/v Click here to check corrigendum, if any 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 24/01/2025 at 14:55:51