Daljit Singh & ORS. v. Hdfc Bank & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ DALJIT SINGH & ORS.

..... Petitioners Through:

Mr. Anil Sapra, Sr. Advocate with Mr. Ajay Kohli, Mr. S.S. Sobti, Ms.

Bhumika Kapoor, Mr. Jaideep Singh and Mr. Kartik Bhardwaj, Advocates

Versus

HDFC BANK & ORS.

..... Respondents Through:

Mr. Ravinder Sethi, Sr. Advocate with Mr. Navmeet Gupta, Mr. Ateev Mathur, Mr. Arvind Sharma, Ms.

Jagriti Ahuja and Ms. Shilpa Jhakhar, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 15.12.2017 Caveat No.1080/2017 Learned counsel for the caveator/respondent No.1 has entered appearance.

The caveat is accordingly discharged.

W.P.(C) 11149/2017 & CM Nos.45637-45639/2017 Mr. Anil Sapra, learned Senior Counsel appearing on behalf of the petitioners, after some arguments, on instructions, without prejudice to their rights and contentions, undertakes to deposit a sum of Rs.1.5 crores with the

Registrar, Debt Recovery Appellate Tribunal (DRAT), within a period of eight weeks from today.

Mr. Ravinder Sethi, learned Senior Counsel appearing on behalf of the respondent No.1/HDFC Bank, states that subject to the said amount being deposited, they will stay their hands qua the sealing and possession of the subject property bearing No.N-30, Second Floor, Rajouri Garden, New Delhi (including the roof rights), till the disposal of Appeal No.435/2017, arising out of S.A. No.226/2017 (DRT-III), Delhi, titled as 'Daljit Singh & Ors. vs. HDFC Bank & Ors.', pending adjudication before the learned DRAT.

In view of the foregoing, it is directed that subject to the petitioners depositing the said amount of Rs.1.5 crores with the Registrar, DRAT, within a period of eight weeks from today, the respondents shall not seal or take over possession of the subject property bearing No.N-30, Second Floor, Rajouri Garden, New Delhi (including the roof rights), till the disposal of the aforesaid appeal.

Needless to state that the deposit, as aforesaid, will abide by the directions of the learned DRAT, as may be issued at the time of the disposal of the said appeal and shall be placed in a Fixed Deposit Receipt till then, with an appropriate bank.

It is hoped and expected that the learned DRAT shall dispose of the said appeal, as expeditiously as possible, and preferably within a period of six months from today.

With the above directions, the writ petition is disposed of.

It is made clear that we have not expressed any opinion on the merits of the present case.

A copy of this order be given dasti under the signature of Court Master to counsel for the parties.

SIDDHARTH MRIDUL, J DEEPA SHARMA, J DECEMBER 15, 2017 dn