Sudhanshu Nagpal v. Punjab National Bank

$~173 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18398/2025 SUDHANSHU NAGPAL .....Petitioner Through:

Mr. Harshit Batra and Ms. Tanya Karnwal, Advocates.

versus PUNJAB NATIONAL BANK .....Respondent Through:

Mr. Santosh Kumar Rout, Standing Counsel for PNB.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 03.12.2025 CM APPL. 76211/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 18398/2025 & CM APPL. 76212/2025 3.

This writ petition is filed by the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "A. Issue writ of Mandamus or any other appropriate writ or Direction in the like nature to restrain the Respondent from proceeding with the proposed auction or creating any thirdparty rights in respect of Shops No. 3 and 5 situated at Gali Chah Shirin, Farash Khana, Shardha Nand Market, Delhi110006, during the pendency of the appeal before the Hon'ble DRAT.

B. Declare that the actions of the Respondent in seeking to alienate or auction the subject property during the pendency of W.P.(C) 18398/2025 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 04/12/2025 at 13:00:11

the proceedings violate the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882, and are liable to be set aside.

C. Pass an order directing the Respondent to maintain status quo with respect to the possession and title of the aforementioned shops till the disposal of the pending appeal. D. Grant any other relief(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. E. Award the costs of the present proceedings in favour of the Petitioner."

4.

After canvassing some arguments, learned counsel for the Petitioner seeks to withdraw the writ petition with liberty to take recourse to appropriate remedies before the DRT/DRAT in accordance with Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

5.

Writ petition along with pending application is disposed of as withdrawn with liberty as prayed for.

JYOTI SINGH, J DECEMBER 3, 2025/RW W.P.(C) 18398/2025 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 04/12/2025 at 13:00:11