Dismissed¶¶20

Ms Samrat Sweets Bakery and Restaurant v. Oxyzo Financial Services Pvt. Ltd. and Ors.

Delhi HC18 Aug 2025W.P.(C)/12381/2025

Case brief

AI extract

What is this about?

Delhi High Court, W.P.(C) 12381/2025 (with CM APPL. 50468/2025 and CM APPL. 50469/2025), decided 18.08.2025 by Justices Anil Kshetarpal and Harish Vaidyanathan Shankar. Challenge by MS Samrat Sweets Bakery and Restaurant to DRT-II Delhi order dated 30.07.2025 in I.A. No. 2049 of 2025 in SA/117/2025 was not pressed; petition dismissed as withdrawn after DRAT Chairperson's additional charge was notified on 11.08.2025. No ruling on merits; useful only as background on DRAT Presiding Officer vacancy litigation.

What did the court decide?

Permission to withdraw the writ petition; the petition, along with pending application(s), if any, dismissed as withdrawn. No merits adjudicated. ¶¶20

Ms Samrat Sweets Bakery and Restaurant Vs Oxyzo Financial… — Banking and Recovery | Delhi HC (2025)

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 12381/2025, CM APPL. 50468/2025 (Ex.) & CM APPL. 50469/2025 (Stay)

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MS SAMRAT SWEETS BAKERY AND RESTAURANT .....Petitioner

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Through: Ms. Bansuri Swaraj, Sr Adv. with Mr. Tanmaya Mehta, Mr. Sanyam Khetarpal, Mr. Nitesh Goyal, Ms. Lekha, Ms. Lisa Sankrit, Mr. Paritosh Anil, Mr. Saurabh Guha & Ms. Rasika, Advs.

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versus

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OXYZO FINANCIAL SERVICES PVT. LTD. AND ORS .....Respondents Through: Mr. Vishal Arun Mishra, Mr. Rishabh Jain, Ms. Rupali Panwar, Mr. Shubham Gupta, Mr. Avinash Kumar Singh, Advs.

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CORAM:

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HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

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O R D E R 18.08.2025

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The present Writ Petition has been filed under Articles 226 and 227 of the Constitution of India, seeking setting aside of the order dated 30.07.2025, passed by the Hon’ble Debts Recovery Tribunal-II, Delhi, in I.A. No. 2049 of 2025 in SA/117/2025.

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Learned counsel for the Petitioner submits that although 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 22/08/2025 at 12:33:18

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Petitioner has approached the Debts Recovery Appellate Tribunal (DRAT), due to the non-availability of the Presiding Officer and the resultant delay in adjudication, the Petitioner has been constrained to invoke the writ jurisdiction of this Hon’ble Court.

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After arguing for some time, learned counsel for the Petitioner seeks permission to withdraw the writ petition, in view of the notification dated 11.08.2025, which reads as under:

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“In pursuance to DoP&T approval vide O.M No. 18/25/2021-EO (S.M-II) Part dated 08.08.2025 and in exercise of powers conferred by Section 8(3) of the Recovery of Debts and Bankruptcy Act, 1993, the Central Government hereby entrusts the additional charge for the post of Chairperson, Debts Recovery Appellate Tribunal, Delhi, to Justice (Retd.) Anil Kumar Srivastava, Chairperson, Debts Recovery Appellate Tribunal, Kolkata w.e.f 12.08 2025 for a period of six months, or until further orders, or till the joining of a regular incumbent whichever is the earliest.

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(S D Sharma) Under Secretary to the Government of India The Manager Government of India Press. Minto Road, New Delhi- 110001”

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In view of the above, the present Petition along with pending application(s), if any, is dismissed as withdrawn.

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ANIL KSHETARPAL, J.

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HARISH VAIDYANATHAN SHANKAR, J. AUGUST 18, 2025/ v /ds

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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 22/08/2025 at 12:33:18

Ms Samrat Sweets Bakery and Restaurant v. Oxyzo Financial Services Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Ms Samrat Sweets Bakery and Restaurant v. Oxyzo Financial Services Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Statutes considered

Procedural history

Parties & counsel

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