Gulshan Kumar v. Indian Overseas Bank & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6634/2018 GULSHAN KUMAR ..... Petitioner Through:

Mr.Vinish Mittal, Adv.

versus INDIAN OVERSEAS BANK & ORS ..... Respondents Through:

Mr.Karan Grover, Adv. for R-2 & RCORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 18.06.2018 CM APPL. 25297/2018 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 6634/2018 & CM APPL. 25296/2018 (Stay) This petition has been filed assailing the order dated 02.06.2018 passed by the Chief Metropolitan Magistrate, West District appointing a receiver for taking possession of the secured assets i.e. "First floor without roof of property bearing no. 40, area measuring 396.67. sq. yards, Block-F, Kirti Nagar, New Delhi, in the name of Mrs. Ranjana Malik, and Second floor with roof of property bearing no. 40, area measuring 396.67 sq. yards, Block-F, Kirti Nagar, New Delhi, in the name of Mrs. Anand Sarup Malik". It is seen from the petition that the petitioner had filed an application seeking an order restraining the respondent no. 1 bank from dispossessing the petitioner from the above mentioned property before the Debt Recovery Tribunal-1, Delhi being SA No. 87/2018. By order dated 05.04.2018, the application seeking interim relief from dispossession had been dismissed by the Debt Recovery Tribunal. The said order remains unchallenged. In view of the above, in my opinion, the present petition would not be maintainable

and the same is accordingly dismissed.

NAVIN CHAWLA (VACATION JUDGE) JUNE 18, 2018/rv