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High Court of DelhiW.P.(C)/11858/2018

Pradeep Kumar And ANR. v. M/S Magma Housing Finance

2018-11-01Cases Pertaining To Spl.Division Benches1 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11858/2018, CM Nos. 45939/2018 & 45940/2018 PRADEEP KUMAR AND ANR.

..... Petitioners Through:

Mr. A.K. Mishra, Adv.

versus M/S MAGMA HOUSING FINANCE ..... Respondent Through:

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.11.2018 CM No. 45940/2018 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 11858/2018 & CM Nos. 45939/2018 (for stay) Keeping in view the law laid down by the Supreme Court in the case reported in (2018) 3 SCC 85 Authorized Officer, State Bank of Travancore & Anr. Vs. Mathew K.C. in Civil Appeal 1281/2018, decided on January 30, 2018, a statutory remedy being available under the SARFAESI Act, 2002 for challenging the order passed by the Tribunal before the Appellate Tribunal, we are not inclined to interfere in the matter. Granting liberty to the petitioners to take recourse to the statutory remedy, the matter and the connected application are disposed of. CHIEF JUSTICE I.S.MEHTA, J NOVEMBER 01, 2018/ak