Edelweiss Housing Finace Limited v. Punjab National Bank & ORS.

$~OS-25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1047/2018 and IA Nos. 10004/2018, 11746/2018 EDELWEISS HOUSING FINACE LIMITED ..... Plaintiff Through Mr.Sandeep Phogat, Adv.

versus PUNJAB NATIONAL BANK & ORS.

..... Defendants Through Ms.Mishi Chaudhary, Adv. for D-1 & 2.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 31.10.2018 IA No. 11745/2018 (u/O 7 R 11 CPC) Learned counsel appearing for defendants No. 1 and 2 states that all the relevant documents which are connected with the case have been annexed to the present application.

Learned counsel for the plaintiff however submits that the order of the DRT passing the recovery certificate in favour of the defendants has not been annexed with the application.

Learned counsel appearing for defendants No. 1 and 2 undertakes that she will supply copy of the order of the DRT within one week's time through speed post and through e-mail at the address of the learned counsel for the plaintiff as given in the plaint.

In view of the above, learned counsel for the plaintiff seeks liberty to withdraw the present suit with liberty to approach DRT seeking to assail the

auction by the defendant as per law.

In view of the above, granting leave and liberty to the plaintiff, the application stands disposed of.

CS(COMM) 1047/2018 The suit is dismissed as withdrawn with liberty as sought for. The interim order dated 31.07.2018 is vacated. However, no sale be affected within 15 days from today.

All pending applications also stand dismissed. JAYANT NATH, J OCTOBER 31, 2018 rb