Dismissed

Shyam Babu Gupta v. the Union of India & Ors.

Delhi HC3 Oct 2024W.P.(C)/13137/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of the writ petition challenging the dismissal of a delay appeal before the DRAT. The Court directed the DRT-I to decide the pending special applications regarding a specific dispute involving Canara Bank expeditiously, preferably within four months.

What did the court decide?

Direction to DRT-I, Delhi to decide the pending Special Applications as expeditiously as possible, preferably within four months.

Shyam Babu Gupta Vs the Union of India & Ors. — Property and Title | 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) 13137/2024, CM APPL. 54907/2024 & CM APPL. 54908/2024

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SHYAM BABU GUPTA .....Petitioner Through: Mr. A.K. Tripathi and Mr. Prashant Tripathi, Advocates.

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versus

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THE UNION OF INDIA & ORS. .....Respondents Through: Mr. Rohan Jaitley, CGSC and Mr. Hussain Taqvi, GP with Mr. Dev Pratap Shahi, Ms. Yogya Bhatia and Ms. Ranjana Jaitley, Advocates. for R-1. Mr. Sidharth Chopra and Mr. Navneet, Advocates for R-2 with Ms. Aishverya Shandliya, AR of R-2. Ms. Shalini Aggarwal, Advocate for R-4 to 8 with Mr. Manoj Gupta (borrower).

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

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O R D E R % 03.10.2024

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Present writ petition has been filed challenging the impugned order dated 06^th September, 2024 passed by the learned DRAT, Delhi in Misc. Appeal No.178/2024 whereby the appellant’s challenge to the order dated 19^th April, 2024 passed by the learned DRT-I, Delhi was dismissed.

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Today, learned counsel for respondent no.2 - M/s Cholamandalam Investment Finance Company Ltd. has handed over an affidavit dated 03^rd October, 2024. The relevant portion of the said affidavit reads as under:

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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 05/10/2024 at 10:54:32

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“3. That on 01.10.2024, the present petition was listed before this Hon’ble Court wherein the Respondent No.2 stated that the Respondent No.2 has not taken the possession of the subject property on 07.09.2024 for the reason that the police assistance was not provided to the Respondent No.2 and the Ld. Receiver for taking the physical possession of the subject property.

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4. I state that the Respondent No.2 once again approached the Ld. CMM for the extension of the order dated 27.08.2024 seeking police assistance for taking the physical possession of the subject property which is pending adjudication before the Ld. CMM.

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5. That this Hon’ble Court has directed the Respondent No.2 to file the present affidavit stating that the Ld. Receiver and the Respondent No.2 shall issue advance 15 days’ notice for taking the physical possession of the subject property to the Petitioner herein also.

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6. That in terms of order dated 01.10.2024, without prejudice, I state that the Respondent No.2 through the Ld. Receiver will issue 15 days’ notice in advance to the Petitioner for taking the physical possession of the subject property.

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This Court is of the view that since respondent no.2 has undertaken to issue a fresh fifteen days prior notice before taking physical possession of the subject property, the petitioner will have to first approach the learned DRT for redressal of his grievance.

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Learned counsel for respondents no.4 to 8 on instructions of Mr. Manoj Gupta, who is personally present in Court, states that the said respondents want to amicably resolve the matter by entering into an onetime settlement with respondent no.2.

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Learned counsel for respondent no.2 states that in the event a settlement proposal is forwarded by respondents no.2 to 6, the same shall be considered within ten days.

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At this stage, learned counsel for the petitioner states that two S.As. being NDN No.822/2022 (TSA 329/2023) S.A. No.324/2023 Neeraj Gupta vs. Canara Bank and S.A. No.214/2022 (TSA No. 873/2022) Shyam Babu

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This is a digitally signed order.

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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 05/10/2024 at 10:54:32

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Gupta vs. Canara Bank & Ors., are pending adjudication before the DRT-I, Delhi and are listed for hearing on 25^th October, 2024.

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Consequently, the present writ petition along with applications is disposed of with a direction to DRT-I, Delhi to decide S.As. being S.A. No.324/2023 NDN No.822/2022 and S.A. No.214/2022 TSA No. 873/2022 as expeditiously as possible preferably within four months.

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CHIEF JUSTICE

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TUSHAR RAO GEDELA, J

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OCTOBER 3, 2024 mk

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This is a digitally signed order.

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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 05/10/2024 at 10:54:32

Shyam Babu Gupta v. the Union of India & Ors.

Case brief

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Shyam Babu Gupta v. the Union of India & Ors.

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