M/S Vidaya Deep Shiksha Samiti v. Varthana Finance Private Ltd.

$~83 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8977/2025 M/S VIDAYA DEEP SHIKSHA SAMITI .....Petitioner Through:

Mr.

Sharavan Dev, Mr.

Shekher Kaushik, Mr. Shyam Sunder Dubey, Ms. Supriya Sharma and Ms. Rashmi Kullu, Advs.

versus VARTHANA FINANCE PRIVATE LTD.

.....Respondent Through:

Mr. Rajiv Ranjan Dwivedi, Adv. with Mr.

Raman Arora, AR of the company.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 10.07.2025 CM APPL. 38343/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 8977/2025 3.

The case set out in the present petition is that the respondent has initiated the proceedings under the SARFAESI Act and after giving notice under Section 13(2) and 13(4) of the SARFAESI Act, 2002, the respondent has also obtained an order under Section 14 of the Act for taking possession of the mortgaged property.

4.

Mr. Sharavan Dev, learned counsel appearing on behalf of the 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 14/07/2025 at 13:37:47

petitioner submits that he has instructions not to press the present petition any further provided protection be granted for a limited period to enable the petitioner to approach the Debt Recovery Tribunal (DRT). 5.

Mr. Rajiv Ranjan Dwivedi, learned counsel appearing on behalf of respondent Finance Company submits that the respondent is not immediately auctioning the property.

6.

In view of the above, the petition is dismissed as withdrawn with liberty to the petitioner to approach learned DRT. 7.

It is directed that in the meanwhile, no coercive action be taken by the respondent for a period of two weeks from today. 8.

It is made clear that nothing has been expressed on the merits of the case. The granting of any interim protection or continuation of the same in the case before DRT will be considered by the learned DRT on its own merits.

9.

The petition stands disposed of in the above terms. 10.

Order dasti under the signatures of the Court Master. VIKAS MAHAJAN, J JULY 10, 2025 N.S.ASWAL 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 14/07/2025 at 13:37:47