Punjab National Bank & ANR. v. Shri Manjinder Singh

$~S-177 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13967/2024 & CM APPL.58445/2024 PUNJAB NATIONAL BANK & ANR.

.....Petitioners Through:

Mr.Prabhat Kumar, Advocate with Mr.Harshit Gupta, Ms.Swadha Gupta, Mr.Vishal Jha, Mr.Kshitiz Chauhan, Mr.Abhishek Ranjan and Ms.Bhavika Agrawal, Advocates.

versus SHRI MANJINDER SINGH .....Respondent Through:

None.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 04.10.2024 1.

Present writ petition has been filed seeking directions for urgent adjudication of the Petitioner's appeal bearing Appeal No.277/2016, pending before the Debt Recovery Appellate Tribunal, Delhi ('DRAT, Delhi').

2.

It is the case of the Petitioner bank that it had extended a housing loan facility to the Respondent and the same was secured by subject property bearing No.7/77, Punjabi Bagh (West), New Delhi. On default of the loan facilities, notice dated 19th January, 2012 under the SARFAESI Act was issued by the Petitioner bank to the Respondents. 3.

Subsequently, an OA bearing No.188/2012 was filed by the Petitioner Bank before the DRT-II, Delhi for recovery of the aforesaid amount. 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 09/10/2024 at 14:46:27

Parallelly, the Respondent filed an SA bearing S.A. No.418/2012 before the DRT-II, Delhi. On 6th May, 2016, the DRT-II, Delhi passed the impugned order (in TSA No. 05 / 2012) directing the Respondent to pay the notice amount together with 11% interest from the date of NPA, which was challenged before the DRAT.

4.

Learned counsel for the Petitioner bank states that the proceedings pending before the DRAT have affected the adjudication of the DRT proceedings, causing a delay of approximately twelve years in recovery of dues amounting to the tune of Rs.2.98 crores, with eight years having passed since filing of the appeal in the DRAT itself and the same is causing huge loss of interest and monetary opportunities to the bank. 5.

A perusal of the paper book reveals that the Petitioner has already preferred an application for early hearing before the DRAT bearing I.A. No.492/2024 and the matter is next listed on 15th January, 2025. 6.

Though an advance copy of the writ petition has been served upon the Respondent, yet none is present.

7.

Keeping in view the limited relief sought in the present writ petition, the same along with application is disposed of with a direction to DRAT to decide the matter as expeditiously as possible preferably on the next date of hearing itself.

CHIEF JUSTICE TUSHAR RAO GEDELA, J OCTOBER 4, 2024 TS 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 09/10/2024 at 14:46:27