Hdfc Bank Limited v. M/S Jindal Agro International & ORS.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7093/2025 HDFC BANK LIMITED .....Petitioner Through:

Mr.

Atul Sharma, Ms.

Deboshree Saha and Mr.

Kashish Narang, Advs.

versus M/S JINDAL AGRO INTERNATIONAL & ORS.

.....Respondents Through:

None.

CORAM:

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

O R D E R

% 23.05.2025 CM APPL. 32059/2025 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application shall stand disposed of.

W.P.(C) 7093/2025 3.

The present petition under Article 226 of the Constitution of India has been preferred by the petitioner for issuance of the writ of mandamus, thereby seeking the release of the keys of the mortgaged property and further directions for time-bound disposal of the application bearing no. IA No. 193 of 2025 in Misc. Appeal No. 518 of 2018, titled as "HDFC Bank Ltd. vs. Jindal Agro International & Ors." in terms of the orders dated 12.07.2019, 20.08.2019 and 03.01.2020.

4.

The impugned Order of the Debts Recovery Appellate Tribunal, Delhi ["DRAT"] dated 25.03.2025, which is challenged in the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

writ petition, reads as under:- " Misc. Application No.193/2025 This is an application filed by the appellant bank seeking release of keys of the following mortgaged properties, which are stated to be lying with this Tribunal:-

1. Land admeasuring 13 bigha 6 biswa Khasra No.14/1 6(4-05), 17(4-16), 25 (4-05) situated in revenue estate of Village Hamidpur, Tehsil - Alipur. Delhi;

2. Khasra No.10/4/1 (2-8), 4/2 (2-8) situated in revenue estate of Village Budhpur- Bijapur, Delhi.

Ld. counsel for respondents 1 to 3 states that so far as the property mentioned at Sr. No.1 is concerned, which is an open land, he has no objection to the releasing of keys, if any, by this Tribunal, but he would like to reply to the application in respect of property at Sr. No.2. Let reply be filed within 15 days and rejoinder, if any, be filed within 7 days thereafter.

Ld. counsel for the appellant submits that the bank has received an amount of Rs. 7.5 crore in respect of property at Sr. No.2 and sale in favour of Mr. Hanumant Singla, Director for RHSG Electro Steel Pvt. Ltd. stands confirmed on 10.03.2025.

List the matter for 30.04.2025 for hearing. Since there is no objection from respondents 1 to 3 to the releasing of the keys, if any, in respect of the property at Sr. No. 1, let the same be released to authorised officer of the bank against proper receipt.

The date of 25.04.2025 already given in the matter stands cancelled."

5.

The abovementioned matter is pending before the DRAT. As far as the property at Sr. No. 1 is concerned, there is no dispute. As far as the property at Sr. No. 2 is concerned, all that the DRAT has asked is to file a reply to the application filed by the Petitioner seeking the release of keys of the mortgaged properties.

6.

In this writ petition, the Petitioner contends that instead of asking the respondent to file a reply to the application, the DRAT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ought to have allowed the application straight away. We are not required to countenance that argument.

7.

The writ petition stands dismissed.

8.

Since what is left is only an application, the DRAT is requested to ensure that the application is disposed of expeditiously so that the auction proceedings are not jeopardised and more particularly when the entire amount has been received by the Petitioner. SUBRAMONIUM PRASAD, J.

HARISH VAIDYANATHAN SHANKAR, J.

MAY 23, 2025/nd/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.