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High Court of DelhiW.P.(C)/19235/2025

Bank Of Maharashtra v. M/S Boss Optical & ANR.

2025-12-18Hon'Ble Mr. Justice Harish Vaidyanathan Shankar,Hon'Ble Mr. Justice Anil Kshetarpal2 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19235/2025 & CM APPL. 80257/2025 (exp.) BANK OF MAHARASHTRA .....Petitioner Through:

Mr. Onkar Roy, Mr. Yash Goyal, Mr. Anuj Kumar & Mr.

Puneet Singh Yadav, Advs.

versus M/S BOSS OPTICAL & ANR.

.....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 18.12.2025 1.

By way of the present Writ Petition, filed under Article 226 of the Constitution of India, the Petitioner assails the Order dated 14.02.2024 passed by the learned Recovery Officer-I, Debts Recovery Tribunal-I ["DRT"], Delhi ["learned Recovery Officer"] in TRC/2352/2022, whereby the Petitioner has been denied permission to break open and transfer the subject property, bearing No. VII/1246 in the Abadi of Kucha Mirza Hussain, Farash Khana, Delhi, to the auction purchaser.

2.

It is the admitted case of the Petitioner that an appeal has already been filed before the learned DRT against the Order of the learned Recovery Officer dated 14.02.2024.

3.

Being the case, the Petitioner has already exercised the remedy 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 22/12/2025 at 13:06:52

available under the law, and the final adjudication therein is yet to take place.

4.

At this stage, the Petitioner submits that though the Appeal is pending before the learned DRT, it could not be adjudicated, and it has been pending for years.

5.

Keeping in view the aforesaid facts and circumstances, this Bench does not find it appropriate to interfere with the Order dated 14.02.2024, passed by the learned Recovery Officer, at this stage. 6.

Needless to say, the Petitioner has liberty to file an appropriate application before the learned Presiding Officer, DRT, for expeditious disposal of the Appeal.

7.

Accordingly, the present petition, along with pending application(s), if any, is disposed of in the above terms. ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

DECEMBER 18, 2025/v/her 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 22/12/2025 at 13:06:52