The High Court of Delhi dismissed in limine a petition challenging a DRAT order that directed a 25% debt pre-deposit. The Court held interference inappropriate, leaving the petitioner to petition the DRAT for a waiver or reduction.
Petition dismissed in limine; petitioner directed to approach DRAT to seek reduction or waiver of 25% pre-deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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DEEP PARIKH ..... Petitioner
Through: Mr Ashish Bhagat and Mr Akshat Gupta, Advs.
versus
SYNDICATE BANK ..... Respondent
Through: Mr V. Sudeer, Adv. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R % 01.09.2017
is the Managing Director of a company named Fucon Technologies Ltd. wherein the petitioner and her mother are co-directors. For obtaining cash credit limits, the petitioner’s husband had mortgaged four properties with the respondent/Bank out of which two are situated in Mumbai and two in Delhi. On account of failure to maintain financial discipline, the said account was declared as NPA on 04.11.2015. Thereafter, the respondent/Bank filed an S.A. before the DRT in the year 2016. On 11.04.2017, an application was filed by the petitioner for restraining the respondent/Bank from taking over possession of the residential premises bearing No.52, Block B-3, 2nd Floor, Safdarjung Enclave, New Delhi came up before the DRT. During the course of arguments, the petitioner who had appeared in person, undertook to surrender to the Bank two of the mortgaged properties situated at Mumbai.
W.P.(C) 7667/2017
page 2 of 3
predicament as the petitioner’s husband had gone missing since 15.09.2015, leaving the entire liability on her shoulders.
HIMA KOHLI, J
DEEPA SHARMA, J
SEPTEMBER 01, 2017 bg
W.P.(C) 7667/2017
page 3 of 3
2 issues framed by the court
Whether the High Court should interfere with the DRAT order directing a 25% debt pre-deposit to restrain bank action.
Whether the High Court should direct the DRAT to reduce or waive the pre-deposit amount.
1 provisions across 1 enactments
Deep Parikh
Syndicate Bank
Hima Kohli
Deepa Sharma
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
