M/S Lalsons Jewellers Ltd. And ORS. v. Oriental Bank Of Commence

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4898/2018 M/S. LALSONS JEWELLERS LTD. & ORS.

..... Petitioners Through:

Mr.Rajeev Mehra, Sr. Advocate with Mr.Madhu Sudan, Mr.Abhay chauhan and Ms.Niti A.Sachar, Advocates.

Mr.Rajiv Verma, representative of the petitioner in person.

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

Mr.S.L.Gupta, Advocate.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 07.05.2018 Cav 433/2018 Since counsel for the caveator/respondent has entered appearance, the caveat stands discharged.

C.M.No.18853/2018 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed off.

W.P.(C) 4898/2018 & C.M.No.18852/2018 (stay) Mr.Rajeev Mehra, learned senior counsel appearing on behalf of the petitioners, on instructions, from Mr. Rajiv Verma, the

authorised representative of the petitioners states that without prejudice to their rights and contentions, insofar as the property situated at DSM 229, 229, DLF Towers, Shivaji Marg, Moti Nagar, Delhi-110015 is concerned, the petitioners undertake to handover the vacant physical possession of the same to the authorized representative of the respondent-Bank by tomorrow, i.e. 8th May, 2018 at 2 p.m.

He further submits that insofar as property situated at A-3/171, Paschim Vihar, New Delhi, 110063 is concerned, the petitioners undertake to hand over the vacant and peaceful possession of the same to the authorised representative of the respondent-Bank on or before 22nd May, 2018.

Lastly, insofar as the property situated at 23-B/6, New Rohtak Road, Karol Bagh, New Delhi-110005 is concerned, the petitioners undertake to hand over the vacant and peaceful possession of the same to the authorised representative of the respondent-Bank on 11th June, 2018. The statements made at the bar today, on instructions, by learned senior counsel appearing for the petitioners are accepted by this Court.

In view of the aforesaid, the petitioners are directed to file undertakings in this regard, on affidavit before the DRAT, Delhi on or before 11th May, 2018 and the latter is directed to ensure compliance of the said undertakings furnished on behalf of the petitioners. It is, however, made clear that we have not expressed any opinion on the merits of the case and the parties are at liberty to raise all legal and factual issues before the DRAT, Delhi as may be

available to them in law.

With the above directions, the present writ petition and the stay application are disposed of, leaving the petitioners to abide by the undertaking without cavil.

SIDDHARTH MRIDUL, J DEEPA SHARMA, J MAY 07, 2018 „dc‟