Dismissed

Sameer Bahadur v. Union of India & Anr.

Delhi HC4 Nov 2024W.P.(C)/15239/2024

Case brief

AI extract

What is this about?

Writ petition sought quashing of recovery proceedings and restoration of DRAT appeals dismissed for non-appearance and failure to make mandatory pre-deposit. The Court held restoration must be sought before the DRAT itself, where a restoration application was already pending, and OTS could be considered only after restoration. Petition dismissed with liberty to approach the DRAT.

What the court decided

AI extract

Sameer Bahadur Vs Union of India & Anr. — Banking and Recovery | Delhi HC (2024)

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$~26

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 15239/2024 & C.M.No.64010/2024

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SAMEER BAHADUR .....Petitioner

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Through: Dr.Manish Singhvi, Sr.Advocate with Mr.shekhar Budakoti, Advocate.

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versus

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UNION OF INDIA & ANR. .....Respondents Through: None

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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 % 04.11.2024

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Present writ petition has been filed seeking directions for quashing the recovery proceedings initiated by respondent no.2 against the petitioner. The petitioner further seeks directions to the Debt Recovery Appellate Tribunal (‘DRAT’), Delhi to restore the Regular Appeals bearing nos.422/2023 and 423/2023 which were dismissed vide order dated 13^th May, 2024 on account of non-appearance and on the ground that the petitioner had not made the mandatory pre-deposit.

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Learned senior counsel for the petitioner states that that petitioner is only interested in a One Time Settlement (OTS), as it has repaid much more than the principal borrowed sum.

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A perusal of the record reveals that the petitioner has already filed an application for restoration of appeal before the DRAT. Consequently, the

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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 06/11/2024 at 12:07:26

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restoration application would have to be pressed before the DRAT itself. This Court is also of the view that the prayer for OTS can and should be made only after the appeal has been restored.

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Further, this Court cannot restore an appeal, which has been dismissed on the ground of non-appearance and non-deposit of mandatory pre-deposit amount. Consequently, it is not inclined to pass any direction with regard to an OTS.

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Accordingly, the present writ petition along with the application is dismissed with liberty to approach the DRAT.

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MANMOHAN, CJ

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TUSHAR RAO GEDELA, J

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NOVEMBER 4, 2024 KA

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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 06/11/2024 at 12:07:26

Sameer Bahadur v. Union of India & Anr.

Case brief

What is this about?

What the court decided

Sameer Bahadur v. Union of India & Anr.

Case brief

What is this about?

What the court decided

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