Pawan Kumar v. Hdfc Bank Ltd.

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8442/2018, CM No. 32404/2018 PAWAN KUMAR ..... Petitioner Through:

Mr. Anjani Kumar Singh and Mr. Saroj Kumar Singh, Advs.

versus HDFC BANK LTD.

..... Respondent Through:

Mr. Kunal Tandon and Ms. Niti Jain, Advs.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 24.09.2018 Considering the fact that the petitioner has not filed an undertaking in terms of Clause (i) of this Court's order dated 13th August, 2018, regarding vacation of ground and first floor of the property in question and also failed to comply with order dated 20th August, 2018, in spite of time being granted, we see no reason to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India and make indulgence in this matter. Accordingly, noting the conduct of the petitioner in not complying with the directions of this Court, this petition is dismissed. The respondent is free to proceed with the matter for vacating and

taking over the actual physical possession of the property in accordance with the law through the receiver appointed as per the directions issued by the DRT.

CM No. 32404/2018 Dismissed as infructuous.

CHIEF JUSTICE V. KAMESWAR RAO, J SEPTEMBER 24, 2018/aky