Dismissed¶13

Vir Krishna Kotak & Anr. v. Ifci Ltd.

Delhi HC7 Nov 2025CM(M)/2122/2025

Case brief

AI extract

What is this about?

CM(M) 2120/2025 CM(M) 2122/2025 CM APPL. 69427/2025 CM APPL. 69426/2025 CM APPL. 69434/2025 CM APPL. 69433/2025 IFCI Ltd DRAT Debt Recovery Appellate Tribunal early hearing declined urgency 16.09.2025 connected matters 04.12.2025 early hearing application 26.09.2025 Annexure P-13 colly infructuous advance hearing prior to 13.10.2025 withdrawal dismissed as withdrawn liberty fresh urgent hearing application Registry DRAT Chairperson Recovery Officer Justice Girish Kathpalia Delhi High Court 07.11.2025 Abha Sharma Vir Krishna Kotak

What did the court decide?

Petitions dismissed as withdrawn with liberty as sought - liberty to file a fresh urgent hearing application before DRAT; Registry of DRAT directed to forthwith list any such application before the Chairperson for appropriate orders. ¶13

Vir Krishna Kotak & Anr. Vs Ifci Ltd. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether to permit withdrawal of the two petitions assailing the DRAT order dated 30.09.2025 declining early hearing, given counsel's admission that the early hearing application dated 26.09.2025 had become infructuous (its prayer having been to advance the hearing prior to 13.10.2025).

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Court's answer

On counsel seeking permission on instructions, the Court allowed withdrawal of the petitions; accordingly, the petitions and the accompanying applications were dismissed as withdrawn with liberty as sought, i.e., liberty to file a fresh urgent hearing application before DRAT.

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Ratio / Principle

The Court directed that, as and when a fresh urgent hearing application is filed before DRAT, the Registry of DRAT shall forthwith list the application before the Chairperson, DRAT, for appropriate orders.

¶13

Detailed headnote1 paragraphs

Delhi High Court (order dated 07.11.2025, Justice Girish Kathpalia): Two CM(M) petitions - CM(M) 2120/2025 (Abha Sharma & Ors.) and CM(M) 2122/2025 (Vir Krishna Kotak & Anr.) - against IFCI Ltd assailed a DRAT order dated 30.09.2025 whereby early hearing was declined, the Tribunal observing that no urgency was mentioned on 16.09.2025 and that connected matters were listed on 04.12.2025. Counsel contended that DRAT's heavy board prevented urgent hearings and that the Registry was not listing urgent hearing applications before the Chairperson, but conceded that the early hearing application dated 26.09.2025 (Annexure P-13 (colly) in CM(M) 2120/2025) had become infructuous as its prayer was to advance the hearing prior to 13.10.2025. On instructions, counsel sought leave to withdraw; the Court dismissed the petitions and accompanying applications as withdrawn with liberty to file a fresh urgent hearing application before DRAT, and directed the Registry of DRAT to forthwith list any such application before the Chairperson for appropriate orders. Counsel also stated he would make an appropriate request before the Recovery Officer. No statute or precedent case is cited in this disposal order.

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$~63 & 65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 2120/2025, CM APPL. 69427/2025 & CM APPL. 69426/2025

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ABHA SHARMA & ORS. .....Petitioners Through: Mr. Sanjeev Bhandari, Mr. Dhananjay Kumar and Mr. Arpit Sharma, Advocates. versus IFCI LTD .....Respondent Through: None. 65 + CM(M) 2122/2025, CM APPL. 69434/2025 & CM APPL. 69433/2025

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VIR KRISHNA KOTAK & ANR. .....Petitioners Through: Mr. Rajeev Mehra, Sr. Advocate with Mr. Pravar Misra and Mr. Aruamnya Vachher, Advocates. versus

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IFCI LTD .....Respondent Through: None.

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CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA

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O R D E R % 07.11.2025

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The petitioners have assailed order dated 30.09.2025 of the learned DRAT, whereby early hearing was declined, observing that no urgency was mentioned on 16.09.2025 and connected matters are listed on 04.12.2025.

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Learned senior counsel for petitioners has addressed on the issue of

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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 10/11/2025 at 15:05:43

¶12

extremely heavy board of DRAT, due to which the urgent hearings are not being taken up. It is further submitted by learned senior counsel that the Registry of DRAT is not even listing the urgent hearing applications before the Chairperson, DRAT, due to which the present petitioners also suffered. However, learned senior counsel for petitioners also in all fairness admits that the early hearing application dated 26.09.2025 [ Annexure P-13(colly) in CM(M) 2120/2025 ] has become infructuous because the prayer was to advance the hearing prior to 13.10.2025.

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In the above backdrop, learned senior counsel for petitioners on instructions seeks permission to withdraw these petitions with liberty to file fresh urgent hearing application before DRAT. As and when such application is filed, the Registry of DRAT shall forthwith list the application before the Chairperson for appropriate orders. Learned senior counsel submits that he shall make appropriate request before the Recovery Officer. 4. Accordingly, the petitions and the accompanying applications are dismissed as withdrawn with liberty as sought.

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GIRISH KATHPALIA, J

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NOVEMBER 7, 2025/ ry

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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 10/11/2025 at 15:05:43

Vir Krishna Kotak & Anr. v. Ifci Ltd.

Case brief

What is this about?

What did the court decide?

Vir Krishna Kotak & Anr. v. Ifci Ltd.

Case brief

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What did the court decide?

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What the court decided

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