The petitioner sought return of a file to enable the Recovery Officer to pass orders. The Court held the prayer is untenable as it should be sought via application before the DRT or appeal before DRAT if aggrieved. Consequently, the writ petition was dismissed as misconceived.
The writ petition was dismissed as misconceived.
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$~38.
DEEPA RAHEJA ..... Petitioner
Through: Mr. Amarjit Singh Bedi, Mr. Varun Chandiok & Ms. Riya Seth, Advs.
versus BANK OF BARODA & ANR. ..... Respondent Through: Mr. R.P. Agrawal, Ms. Manisha Agrawal and Mr. Sirish Gupta, Advocates for Respondent No.1 (Bank of Baroda) Mr. Sanjeev Bhandari, Mr. Ravi Data, Mr. Rajesh Sharma, Mr. Kunal Mittal and Mr. Arijit Sharma, Advocates for R-2.
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R % 15.01.2024
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 07:49:38
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
JANUARY 15, 2024 N.Khanna
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 07:49:38
2 issues framed by the court
Whether a writ petition for return of file from DRT-II to Recovery Officer is legally maintainable.
Whether the petitioner's prayer flows from the DRAT order dated 28th July, 2023.
Deepa Raheja
Bank of Baroda
Manmeet Pritam Singh Arora
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
