Disposed

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

Delhi HC12 Sept 2024W.P.(C)/11996/2024

Case brief

AI extract

What is this about?

The Delhi High Court, on joint prayer, disposed of the writ petition imposing a time-bound direction on DRAT to decide an appeal within four months. The respondent undertook not to auction disputed property till the appeal's disposal.

What did the court decide?

DRAT directed to decide the pending appeal within four months; Respondent restrained from auctioning property till appeal disposal.

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

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 11996/2024 & CM APPL. 49899/2024,CM APPL. 49900/2024

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MRS. VIVEKA KHANNA .....Petitioner Through: Mr. Tanmaya Mehta, Mr. Arhum Sayeed, Mr. Rahil Ahmed and Mr. Jeeshan, Advocates.

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versus

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INDIA SME ASSET RECONSTRUCTION COMPANY LIMITED (ISARC) AND ANR. .....Respondents Through: Ms. Manisha Agarwal (Through VC) and Mr. R. P. Agrawal and Mr. Chandan Kumar Jha, Advocates for R-1. Mr. Prashant Kumar Srivastava, Advocate for R-2.

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CORAM:

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

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O R D E R

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% 12.09.2024

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After some arguments, learned counsel for the parties jointly pray that the present writ petition be disposed of with a direction to Debt Recovery Appellate Tribunal (“DRAT”) to decide the appeal being Appeal No. 201/2019 in time bound manner. Learned counsel for the respondent assures and undertakes to this Court that if a time bound direction is given by this Court to the DRAT to dispose of the appeal, the respondent would not go ahead with the auction/ sale of the Darya Ganj property till the disposal of the appeal.

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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 04/07/2025 at 02:04:32

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In view of the aforesaid consent, the present writ petition is disposed of with a direction to the DRAT to decide the appeal as expeditiously as possible within a period of four months. Till the disposal of appeal by the DRAT, the respondent shall not proceed with the auction/ sale of the Darya Ganj property.

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This Court clarifies that it has not commented on the merits of the case. The rights and contentions of all the parties are left open.

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ACTING CHIEF JUSTICE

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TUSHAR RAO GEDELA, J

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SEPTEMBER 12, 2024/ ssc

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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

What is this about?

What did the court decide?

What the court decided

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