Vinay Gupta v. M/S Aditiya Birla Finance Limited

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12085/2019 VINAY GUPTA ..... Petitioner Through:

Mr.Sanjeev Bhandari with Mr.Prateek Kumar and Mr.Amit Dhall, Advocates.

versus M/S ADITIYA BIRLA FINANCE LIMITED ..... Respondent Through:

Mr.Sanjeev Singh, Mr.Prashant Tripathi and Mr.Karan Singh, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 18.11.2019 CM APPL. 49487/2019 (exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 12085/2019, CM APPL. 49486/2019 (stay) and CAV 1135/2019

2. Notice. Learned counsel for the Petitioner accepts notice.

3. The Court notices that the impugned order is an ex parte interim order passed by the DRAT and the returnable date before the DRAT is 20th November, 2019, i.e. day after tomorrow.

4. Respondent No.1 is directed not to take any coercive action till 20th November, 2019 and till further orders are passed by the DRAT qua the property in question.

5. It will be open to the Appellant meanwhile to file an application before the DRAT for vacation and modification of the impugned order. Such application will be decided on merits by the DRAT uninfluenced by the order impugned in the present petition.

6. The petition is disposed of in the above terms.

7. A copy of the order be given dasti under the signatures of the Court Master.

S. MURALIDHAR, J.

TALWANT SINGH, J.

NOVEMBER 18, 2019 pa