Harbinder Singh Gulati And ANR v. Anand Rathi Global Finance Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5967 OF 2024 Harbinder Singh Gulati & Anr

...Petitioners

Versus

Anand Rathi Global Finance Ltd & Ors

...Respondents

Mr. Omarjahangir Karanjia, i/b U.S. Rane, Advocates for the Petitioners.

Mr. Charles D'souza, a/w Nikhil Rajani & Shreyansh Desai, i/b M/s. V. Deshpande & Co., Advocates for Respondent.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : APRIL 19, 2024 PC :

1.

The above Writ Petition is filed challenging the order passed by the Debt Recover Tribunal-II, Mumbai ("DRT") dated 18th April, 2024. The above Writ Petition is filed in the peculiar circumstances that though the order was pronounced in the open Court on 18th April, 2024, a copy of the order has not yet been uploaded and possession of the secured asset is scheduled to be taken tomorrow (20th April, 2024). The reason for approaching this Court is because the Petitioners are unable Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.04.19 17:40:18 +0530 ASHWINI JANARDAN VALLAKATI

to approach the DRAT for want of a copy of the impugned order. 2.

Mr. D'souza, the learned Counsel appearing on behalf of Respondent No.1-NBFC has stated that in fact the possession scheduled for tomorrow has been deferred and, therefore, there is no real urgency for approaching this Court. He submitted that the Petitioners can now avail of the alternate remedy of approaching the DRAT under Section 18 of the SARFAESI Act, 2002 Act.

3.

We have heard the learned Counsel for the parties. Once this is the factual position, we dispose of the above Writ Petition by relegating the Petitioners to challenge the impugned order dated 18th April, 2024 before the DRAT under Section 18 of the SARFAESI Act, 2002. We make it clear that Respondent No.1-NBFC shall give at least 96 hours prior notice to the Petitioners, before taking physical possession of the secured asset, so as to enable the Petitioners to approach the DRAT for any urgent reliefs, if necessary. 4.

The Writ Petition is disposed of accordingly. However, there shall be no order as to costs.

5.

Personal Assistant of this Court. All concerned will act on production by [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]