WRIT PETITION 6199/2025
Parties
- ANR (PETITIONER)
- UNION OF INDIA & ORS (RESPONDENT)
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IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 6199/2025
TRUEVALUE MARKETING SERVICES PRIVATE LIMITED &
ANR. .....Petitioners
Through: Mr. Rajeeve Mehra, Sr. Adv. with Mr. Siddhant Grover,Mr. Samyak Bilala, Advs. Mr. Siddhant Grover,Mr. Samyak Bilala, Advs.
versus
UNION OF INDIA & ORS.
.....Respondents
Through: Mr. Premtosh K Mishra (CGSC), Mr. Manish Vashist, Mr. Kalyan Manish Vashist, Mr. Kalyan
Babu(G.P), Ms. Sajal, Advs.
Mr. Kalyan Babu Singh GP
Mr. Vipin hai , Mr. Ujjwal goel Advocates for R-5 Advocates for R-5
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASADHON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
09.05.2025
CM APPL. 28310/2025 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 6199/2025, CM APPL. 28309/2025
1.The present Petition has been filed by the Petitioner challenging the Order dated 08.04.2025, passed by the Presiding Officer, DRT-II, Delhi allowing M.A. No. 185/2024 in O.A. No. 58/2016.
2.M.A. No. 185/2024 was filed by Respondent No.5 herein seeking transfer of RC No.260/2017 arising out of O.A. No.58/2016, pending before the Recovery Officer, DRT-II, Delhi, to respective Debt Recovery Tribunals
in Mumbai and Chennai, where the properties in question are situated.
3.It is stated by the learned Counsel for the Appellant that while passing the Order dated 08.04.2025 the learned Presiding Officer, DRT-II, Delhi, has relied on the judgment passed by the Full Bench of this Court in AmishJain v. ICICI Bank, ILR (2012) 6 Delhi 377 & other Judgment dated 01.02.2016, passed by the Division Bench of this Court in W.P.(C) 9636/2015, titled as Sikka Paper Limited v. Indian Overseas Bank & Ors. He states that the said Judgments will not apply to the facts of the present case.
4.Be that as it may, in view of the alternate remedy, i.e. remedy of filing an appeal before the DRAT against the order dated 08.04.2025, passed by the DRT-II, Delhi, this Court, at this juncture, is not inclined to entertain the present Petition.
Be that as it may, in view of the alternate remedy, i.e. remedy of filing
5.Since the auction was conducted in 2020 and the Petitioner, being the auction purchaser, has not been able to enjoy the fruits of auction even after five years, the DRAT is requested to adjudicate the appeal within six months from the date of filing of the appeal.
6.with the pending applications, if any. with the pending applications, if any.
With these directions, the present Writ Petition is disposed of, along
SUBRAMONIUM PRASAD, J.
MAY 09, 2025 Rahul
HARISH VAIDYANATHAN SHANKAR, J.