Mundka Iron & Steel Co P Ltd & ANR v. Oriental Bank Of Commerce

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3546/2018 MUNDKA IRON & STEEL CO P LTD & ANR ..... Petitioners Through:

Mr. Ravi Chawla, Adv.

versus ORIENTAL BANK OF COMMERCE ..... Respondent Through:

Mr. Kailash Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 11.04.2018 CM No. 14010/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) 3546/2018 & CM No. 14009/2018 2.

It is not disputed by the learned counsel for the petitioners that a petition has been filed before the Debts Recovery Tribunal. The petitioners are aggrieved by the fact that a Receiver appointed by the learned CMM in exercise of powers under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short „SARFAESI Act‟) has served upon them a notice for possession of the secured asset. The notice claims that the secured asset will be possessed on 12.04.2018. Learned counsel for the petitioners says that in fact the date for taking possession has been advanced by the Receiver to 11.04.2018.

3.

The writ petition is disposed of giving liberty to the petitioners to approach the DRT for appropriate relief as no interference can be made by this Court at this stage under Article 226 of the Constitution. 4.

Dasti under the signature of the Court Master. RAJIV SHAKDHER, J APRIL 11, 2018/SRwt