Sandeep Jain v. Vijay Khatri

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 377/2018, CM APPL. 4040/2020 & 4041/2020 SANDEEP JAIN ..... Petitioner Through Mr. Varun Shankar, Ms. Natasha Sood, Ms. Prarthana Singhania and Mr. Soham Kumar, Advocates.

versus VIJAY KHATRI ..... Respondent Through Mr. S.K. Kaushik, Mr. Bhuvnesh Kumar and Mr.

Hitesh Kukreja, Advocates.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 07.02.2020 During the course of hearing, ld. counsel for the respondent has handed over to the ld. counsel for the petitioner a copy of the order dated 07.05.2018 passed by the respondent disposing of the representation/ application dated 07.04.2018 that came to be made by the petitioner in pursuance of the liberty reserved by the Division Bench in its order dated 04.04.2018.

Ld. counsel for the petitioner, during the course of hearing, submits that the said order dated 07.05.2018 was received by the petitioner sometime around 18.06.2018.

Let it be so. The fact remains that the representation/application made by the petitioner in pursuance of the orders passed by the Division Bench on 04.04.2018, was disposed of by the respondent.

During the course of hearing, it emerges that the respondent is proceeding to effect recovery in pursuance of the Award dated 26.12.1999 in Arb.CaseNo.1519-II/99-2000 passed in favour of The Delhi State Co-op Bank Ltd. and recovery is to be affected as the Land Revenue. Taking into account the totality of facts and circumstances, the instant petition and the pending applications are disposed of with a direction that for a period of four weeks from today, the respondent shall not proceed with any coercive action as against the petitioner. It is made clear that the protection is so provided only taking note of the fact that the recovery sought to be affected on an Award passed ex-parte. It is also made clear that any observation made by the Court has no bearing on the merits of any of the pleas of the petitioner.

A. K. CHAWLA, J FEBRUARY 07, 2020 nn