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High Court of DelhiW.P.(C)/3967/2016

Shanawaz Rana And ANR v. Drt-Ii New Delhi And ORS

2016-05-06Hon'Ble Mr. Justice Pradeep Nandrajog,Hon'Ble Ms. Justice Mukta Gupta2 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3967/2016 SHANAWAZ RANA AND ANR ..... Petitioner Represented by:

Mr.K.C.Kharbanda, Mr.T.N.Saxena, Advs.

versus DRT-II NEW DELHI AND ORS ..... Respondent Represented by:

Mr.Punit K.Bhalla, Adv. for ICICI.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.05.2016 CM 16771/2015 Exemption allowed subject to just exceptions. W.P.(C) 3967/2016 1.

Petitioners grievance is that issue of lack of territorial jurisdiction of the Debt Recovery Tribunal (DRT) at Delhi warrants the claim filed by the bank to be returned with a direction that it should be filed before the DRT having territorial jurisdiction.

2.

There being no grievance that DRT is not deciding the jurisdictional issue and is passing interim orders impacting valuable right of the petitioner we hold that no case is made out to issue any direction in the writ petition but only to observe that the Tribunal should first decide the issue of territorial jurisdiction before it decides any other prayer made by the bank for an interim measure.

W.P.(C) 3967/2016

3.

Petition is disposed of so observing without any order as to cost. CM 16772/2015 (stay) Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

MAY 06, 2016 'ga'

W.P.(C) 3967/2016