Truevalue Marketing Services Private Limited & ANR. v. Union Of India & ORS.

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6199/2025 TRUEVALUE MARKETING SERVICES PRIVATE LIMITED & ANR.

.....Petitioners Through:

Mr. Rajeeve Mehra, Sr. Adv. with Mr. Siddhant Grover,Mr. Samyak Bilala, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Premtosh K Mishra (CGSC), Mr.

Manish Vashist, Mr.

Kalyan Babu(G.P), Ms. Sajal, Advs.

Mr. Kalyan Babu Singh GP Mr. Vipin hai , Mr. Ujjwal goel Advocates for R-5

CORAM:

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

O R D E R

% 09.05.2025 CM APPL. 28310/2025 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 6199/2025, CM APPL. 28309/2025 1.

The present Petition has been filed by the Petitioner challenging the Order dated 08.04.2025, passed by the Presiding Officer, DRT-II, Delhi allowing M.A. No. 185/2024 in O.A. No. 58/2016. 2.

M.A. No. 185/2024 was filed by Respondent No.5 herein seeking transfer of RC No.260/2017 arising out of O.A. No.58/2016, pending before the Recovery Officer, DRT-II, Delhi, to respective Debt Recovery Tribunals 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 01/07/2025 at 19:55:47

in Mumbai and Chennai, where the properties in question are situated. 3.

It is stated by the learned Counsel for the Appellant that while passing the Order dated 08.04.2025 the learned Presiding Officer, DRT-II, Delhi, has relied on the judgment passed by the Full Bench of this Court in Amish Jain v. ICICI Bank, ILR (2012) 6 Delhi 377 & other Judgment dated 01.02.2016, passed by the Division Bench of this Court in W.P.(C) 9636/2015, titled as Sikka Paper Limited v. Indian Overseas Bank & Ors. He states that the said Judgments will not apply to the facts of the present case.

4.

Be that as it may, in view of the alternate remedy, i.e. remedy of filing an appeal before the DRAT against the order dated 08.04.2025, passed by the DRT-II, Delhi, this Court, at this juncture, is not inclined to entertain the present Petition.

5.

Since the auction was conducted in 2020 and the Petitioner, being the auction purchaser, has not been able to enjoy the fruits of auction even after five years, the DRAT is requested to adjudicate the appeal within six months from the date of filing of the appeal.

6.

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

SUBRAMONIUM PRASAD, J.

HARISH VAIDYANATHAN SHANKAR, J.

MAY 09, 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 01/07/2025 at 19:55:47