Mr. Vikas Goyal & Ors. Vs Hdfc Bank Limited, & Anr. — Writ and Judicial Review | Delhi HC (2025)

Mr. Vikas Goyal & Ors. Vs Hdfc Bank Limited, & Anr. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty to initiate appropriate proceedings before the appropriate forum in accordance with law; exemption application CM APPL. 2188/2025 allowed subject to just exceptions. None of the four prayers was adjudicated on merits.

Issue for consideration

Whether a writ of mandamus or direction should issue to the Debt Recovery Tribunal-II, New Delhi for expeditious adjudication of Securitisation Application (SA No. 274 of 2023) within a fixed time frame (prayer (a); not adjudicated as the petition was withdrawn). +3 more

Ratio / Principle

CM APPL. 2188/2025 (exemption) is allowed subject to just exceptions and the application stands disposed of.

Key takeaways

Leave is granted to the petitioners to withdraw the petition.ratio¶24
W.P.(C) 462/2025 is dismissed as withdrawn, with liberty to initiate appropriate proceedings before the appropriate forum in accordance with law.ratio¶27

Detailed headnote1 paragraphs

Delhi High Court (Chandra Dhari Singh & Manoj Jain, JJ.), Order dated 15.01.2025 in W.P.(C) 462/2025 & CM APPL. 2187/2025 (Mr. Vikas Goyal & Ors. v. HDFC Bank Ltd. & Anr.) – Article 226 petition seeking (i) a writ of mandamus directing the Debt Recovery Tribunal-II, New Delhi to expedite adjudication of Securitisation Application SA No. 274 of 2023; (ii) release of ₹20 lakhs withheld by the Respondent Bank from a sanctioned loan; (iii) de-sealing and restoration of possession of the petitioner's factory premises at B31/2, Industrial Area, Wazirpur, New Delhi, allegedly seized without a chance to be heard; and (iv) directions to the GST Department to reconsider penalty and interest imposed vide order dated 29.04.2024. Learned counsel for the petitioners sought leave to withdraw with liberty; respondent no. 2 (through Sr. SC R. Ramachandran) raised no objection to the innocuous withdrawal though contending the petition misused the process of law. Leave granted; petition dismissed as withdrawn with liberty as prayed for. CM APPL. 2188/2025 (exemption) allowed subject to just exceptions. No issue adjudicated on merits; no precedent engaged.

$~41

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 462/2025 & CM APPL. 2187/2025

MR. VIKAS GOYAL & ORS.

.....Petitioners

Through: Mr. Mukul Sharma, Mr. Satish Kumar, Ms. Anushka Thakur and Ms. Dakshita, Advocates

versus

HDFC BANK LIMITED, & ANR. .....Respondent Through: Mr. R. Ramachandran, Sr. SC with Mr. Prateek Dhir, Advocate for R-2

CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R % 15.01.2025

CM APPL. 2188/2025 (Exemption)

Exemption allowed subject to just exceptions.

The application stands disposed of.

W.P.(C) 462/2025

The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

“a) Issue a writ of mandamus or any other appropriate writ, order, or direction to the Debt Recovery Tribunal-II, New Delhi, for expeditious adjudication of Securitisation Application (SA No. 274 of 2023) within a fixed time frame, considering the financial distress and urgency of the Petitioner’s situation;

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 24/01/2025 at 15:33:57

b) Direct the Respondent Bank to release the withheld amount of ₹20 lakhs from the sanctioned loan in accordance with the loan agreement, thereby alleviating the financial hardship faced by the Petitioner and facilitating resumption of business operations;

c) Direct the Respondent Bank to de-seal and restore possession of the Petitioner’s factory premises located at B31/2, Industrial Area, Wazirpur, New Delhi, which was illegally seized without affording the Petitioner a chance to be heard, in violation of the principles of natural justice;

d) Issue appropriate directions to the GST Department to reconsider the penalty and interest imposed vide order dated 29.04.2024, ensuring due consideration of the Petitioner’s submissions regarding the unavailability of requisite documents;

e) Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case to ensure justice and equity.”

Learned counsel appearing on behalf of the petitioners seeks leave to withdraw the instant petition with liberty to initiate appropriate proceedings before the appropriate forum in accordance with law.

Mr. R. Ramachandran, learned Senior Standing Counsel for the respondent No.2 appearing on advance notice submitted that the instant petition is nothing but a gross misuse of process of law and the prayer no. d of the instant petition which is made by petitioner for issuance of directions to the GST-Department is baseless and does not have any grounds. Accordingly, the instant petition may be dismissed, however, since the learned counsel appearing on behalf of the petitioners made an innocuous prayer to withdraw the instant petition and has not pressed the matter on merits, he has no objection for withdrawal of the instant petition.

Leave granted.

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 24/01/2025 at 15:33:57

Accordingly, the instant petition is dismissed as withdrawn with liberty as prayed for.

CHANDRA DHARI SINGH, J

MANOJ JAIN, J

JANUARY 15, 2025 gs/st

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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 24/01/2025 at 15:33:57