Kamal Radhu And ORS. v. Canara Bank And ANR.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10523/2017 KAMAL RADHU AND ORS.

..... Petitioners Through Mr.Darpan Wadhwa, Sr. Adv. with Ms.Shanti Gurung, Advocate.

versus CANARA BANK AND ANR.

..... Respondents Through Mr.Divyakant Lahoti, Mr.Parikshit Ahuja and Ms.Amrita Grover, Advocates Adv. for R-1.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 04.12.2017 C.M. No.43055/2017 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 10523/2017 & C.M. No.43054/2017 9 (for stay) Petitioner is aggrieved by an order dated 15.9.2017 passed by the Chief Metropolitan Magistrate, South East District under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest ((SARFAESI) Act, 2002. Learned senior counsel for petitioner points out that possession of the disputed property bearing No.C-681, New Friends Colony, New Delhi will be taken by the Receiver tomorrow. He prays that the order be not implemented till one week. Additional submission being that since an

objection has been raised by the respondent about the maintainability of the petition, the petitioner is willing to approach the appropriate forum i.e. the DRT but for one week no coercive steps be taken. Ordered accordingly.

It is made clear that on an appropriate application being filed by the petitioner an appropriate order shall be passed by the concerned DRT within a period of one week failing which the interim protection granted for one week shall stand vacated; even otherwise after one week there will be no interim protection in favour of the petitioner. Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J DECEMBER 04, 2017 ndn