Disposed

Mrs. Viveka Khanna v. India Sme Asset Reconstruction Company Limited (Isarc) and Anr.

Delhi HC6 Aug 2024W.P.(C)/10798/2024

Case brief

AI extract

What is this about?

The High Court of Delhi directed the Registrar of the Debt Recovery Appellate Tribunal (DRAT) to list pending interim applications for urgent hearing before the Chairman to prevent prejudice to the petitioner, a bona fide auction purchaser, while disposing of the writ petition.

What did the court decide?

Directed the Registry of DRAT to list IA Nos. 479/2024 and 698/2024 for hearing before the Chairman, DRAT, on August 13, 2024.

Mrs. Viveka Khanna Vs India Sme Asset Reconstruction… — Landlord and Tenant | Delhi HC (2024)

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$~38

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 10798/2024 & CM APPL. 44396/2024,CM APPL. 44397/2024

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MRS. VIVEKA KHANNA .....Petitioner Through: Mr. Tanmay Mehta, Mr. Arhum Sayed and Mr. Rahil Ahmed, Advocates

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versus

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INDIA SME ASSET RECONSTRUCTION COMPANY LIMITED (ISARC) AND ANR. .....Respondents

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Through:

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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O R D E R % 06.08.2024

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Present petition has been filed seeking issuance of directions to restrain Respondent No.1/ISARC from proceeding with auctioning/selling/alienating or creating any kind of third party rights in property bearing no. 4764/1, Plot No. 19-A, 23, Daryaganj, Ward XI, New Delhi-110002 till the final disposal of Regular Appeal No. 201/2019. Petitioner further prays for directions to DRAT, Delhi to hear and decide the appeal expeditiously.

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Learned counsel for the Petitioner states the Petitioner is bona-fide purchaser of three properties at Daryaganj, Chandni Chowk and Green Park

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 19:27:58

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which were put up for auction by Punjab National Bank/Respondent no.2 vide auction notice dated 26^th December, 2008.

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He states that in the proceedings pending before the DRAT, the Petitioner filed I.A. No.479 of 2024 on 29^th April, 2024 seeking stay against Respondent No.1 from selling/alienating/auctioning/creating third party rights in the Daryaganj property for which the Petitioner being the bona-fide Auction Purchaser has been litigating since 2009. He states that the I.A. No. 479/2024 came up for hearing on 9^th May, 2024 and DRAT issued notice on the said application for 20^th May, 2024. However, thereafter the application has not been heard.

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He states that in the meanwhile, the Recovery Officer, DRT-II, dismissed the objections/reply filed by the Petitioner vide its order dated 25^th June, 2024 and the Respondent No.1 requested for issuing sale proclamation order.

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He states that in light of the order dated 25^th June, 2024 passed by the Recovery Officer, DRT-II, the Petitioner filed an I.A. No. 698 of 2024 for urgent hearing of the Appeal / Applications before DRAT and the same was listed on 12^th July, 2024 but on the said date, the matter did not reach for hearing. He states that the next date of hearing is 6^th September, 2024 by which time in all probability, the petitioner would have suffered serious prejudice.

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Keeping in view the aforesaid, the Registry of the DRAT is directed to list the IA No. 479/2024 and IA No. 698/2024 in Regular Appeal No.201/2019 before the Chairman, DRAT for hearing, high up on 13^th August, 2024.

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This Court has no doubt that the Chairman, DRAT will make an endeavour to decide the interim applications or pass appropriate interim orders on the next date of hearing. With the above directions, the present writ petition and pending applications are disposed of.

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ACTING CHIEF JUSTICE

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TUSHAR RAO GEDELA, J

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AUGUST 6, 2024 /ms

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Mrs. Viveka Khanna v. India Sme Asset Reconstruction Company Limited (Isarc) and Anr.

Case brief

What is this about?

What did the court decide?

Mrs. Viveka Khanna v. India Sme Asset Reconstruction Company Limited (Isarc) and Anr.

Case brief

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What did the court decide?

What the court decided

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