Parveen Kumar Yadav & ORS. v. Union Of India & ANR.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : 03.07.2023 + PARVEEN KUMAR YADAV & ORS. ..... Petitioners Through:

Mr Samrat Nigam, Mr Siddharth Chaturvedi and Ms Tanya Agarwal, Advocates.

versus UNION OF INDIA & ANR ..... Respondents Through:

Mr Ravi Prakash, CGSC for UOI/R-1 with Mr Farman Ali, Ms Astu Khandelwal and Mr Vedansh Anand, Advocates.

Mr Sanjeev Bhandari, Mr Sushant Bali, Mr Kunal Mittal, Mr Saurabh Tanwar, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN NAJMI WAZIRI, J. (ORAL) The hearing has been conducted through hybrid mode (physical and virtual hearing).

CM APPL. 33036/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed-off.

W.P.(C) 8754/2023 & CM APPL. 33037/2023 (stay)

3. Issue notice. Notice is accepted by the learned counsel named above for the respondents. At joint request, the petition is taken up for disposal.

4. The learned counsel for the petitioners submits that: i) the possession of petitioners' property is to be taken over today by the Court Receiver appointed by the learned CMM, Shahdara, by order dated 22.05.2023, against a loan amount of Rs.28 lacs; ii) an amount of Rs.9.20 lacs has been paid in terms of an understanding with the bank that upon payment of the said amount, the entire outstanding amount will be foreclosed iii) according to the possession notice, only an amount of Rs.12 lacs remains outstanding and iv) their S.A No.209/2023 is still pending for adjudication.

5. The learned counsel for the petitioners submits that that an application for interim relief will be filed by him before the DRT concerned. The learned counsel for the respondents submits that he will also assist in the early disposal of the matter. In the circumstances, let status quo apropos the physical possession of the property, which is with the petitioner, be maintained till such application for interim relief is taken up. Petitioners say that in the interim they will endeavour to settle the matter amicably and towards this objective they will approach the bank on Thursday, 06.07.2023.

6. The learned counsel for UOI/R1 submits that Presiding Officers for all Delhi DRTs have been appointed.

7. The petition along with pending application is disposed-off in terms of the above.

NAJMI WAZIRI, J DR. SUDHIR KUMAR JAIN, J JULY 3, 2023/rd