Dismissed

Rekha Suneesh v. Punjab National Bank

Delhi HC16 May 2024W.P.(C)/7038/2024

Case brief

AI extract

What is this about?

Writ petition challenging a DRT-I order and seeking stays on e-auction and possession notices over a mortgaged property. The Court held the petitioner should have appealed to DRAT and declined the prayer for time to approach the proper forum, dismissing the petition with liberty to seek appropriate remedies.

What did the court decide?

Petition dismissed; liberty granted to file appropriate proceedings in accordance with law.

Rekha Suneesh Vs Punjab National Bank — Banking and Recovery | Delhi HC (2024)

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$~30

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 7038/2024 & C.M.No.29367/2024

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REKHA SUNEESH ..... Petitioner Through: Mr.Manish Kumar, Advocate.

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versus

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PUNJAB NATIONAL BANK ..... Respondent Through: Mr.Ved Prakash with Mr.Amardeep Singh and Mr.Raghav Sharma, Advocates.

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 16.05.2024

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Present writ petition has been filed by the petitioner challenging the order dated 13^th May, 2024 passed by the learned DRT-I, Delhi and for seeking stay on the e-auction notice dated 7^th March, 2024. Petitioner is also seeking stay on the possession notice dated 10^th May, 2024 and to further grant six months’ time to the petitioner to vacate the mortgaged property. 2. A perusal of the impugned order reveals that the petitioner has not even challenged the securitization action taken by the Bank under Section 17(1) of the SARFAESI Act, 2002. Further even if the petitioner is aggrieved by the order of the DRT, she should have approached the DRAT by filing an appeal.

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At this stage, learned counsel for the petitioner has drawn this Court’s attention to the prayer clause in the writ petition wherein it has been prayed that the petitioner be given two months’ time to approach the proper

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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 18/05/2024 at 11:40:40

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authority by paying appropriate court fee. This Court is of the view that such a prayer cannot be entertained by this Court.

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Consequently, the present writ petition along with the application is dismissed with liberty to the petitioner to file appropriate proceedings in accordance with law. This Court clarifies that it has not commented on the merit of the controversy. The rights and contentions of all the parties are left open.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MAY 16, 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 18/05/2024 at 11:40:40

Rekha Suneesh v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

Rekha Suneesh v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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