Vineet Kohli And Others v. Syndicate Bank And Others

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16225/2024 & CM APPL. 68172/2024 VINEET KOHLI AND OTHERS .....Petitioner Through:

Mr. P.P. Malhotra, Sr. Adv. with Mr.

Shubendu Kaushik and Mr. Vishal Gohri, Advs.

versus SYNDICATE BANK AND OTHERS .....Respondent Through:

Mr. Sumit Swami, Adv. for R-1 and R-2.

CORAM:

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

O R D E R

% 22.11.2024 1.

Present petition has been filed seeking directions for expeditious disposal of the matter bearing Appeal No. 89 / 2023 titled as Vineet Kohli & Others v. Syndicate Bank & Other, pending before the DRAT, New Delhi. 2.

It is the case of the petitioners that they had participated in the auction/ sale proceedings of the subject property, bearing no. 403, Sainik Vihar, Pitampura, Delhi, in pursuance of the sale notice dated 14th September, 2017 and were declared as the successful bidders, post which 25% of the sale amount being Rs. 2,32,25,000/- was deposited with the Respondent bank and an interim certificate was issued to the Petitioners. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned senior counsel for the Petitioners states that the auction was set aside by the DRT in a securitization application filed by the Respondent No. 3 vide order dated 14th March, 2023, wherein the Respondent bank was given liberty to take fresh action in accordance with the Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The said order was challenged before the DRAT by the Petitioners vide Appeal No. 89 / 2023 and the same is still pending adjudication.

4.

He states that the DRAT had issued notice in the appeal and had granted the Petitioners liberty to approach the tribunal for early hearing. He further states that the Petitioners, in pursuance to the liberty granted, had moved an application for early hearing bearing IA No. 935 / 2023, which came up for hearing before the DRAT on 29th November, 2023, on which date the matter was fixed for hearing on 17th January, 2024, the date already fixed. He states that the matter has been repeatedly adjourned after the aforementioned date and the appeal is still pending adjudication. 5.

In response to a pointed query, he states that the matter is next listed on 06th December, 2024.

6.

After hearing learned senior counsel for the petitioners and upon perusal of the paper book, it is clear that the application for early hearing bearing I.A.No. 935/2023 filed in November, 2023 is still pending consideration.

7.

This Court is of the opinion that no useful purpose would be served by keeping the present petition pending. Accordingly, the present writ petition is disposed of with a direction to the DRAT to dispose of Appeal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No. 89 / 2023 in an expeditious manner, preferably within six months. The rights and contentions of all the parties are left open. MANMOHAN, CJ TUSHAR RAO GEDELA, J NOVEMBER 22, 2024/N.Khanna The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.