Application filed seeking direction to DRT-II Delhi to decide a status quo application (TSA No.355/2022) within two weeks. Tribunal noted a jurisdictional shift and transferred the matter back to DRT-I Delhi for time-bound disposal.
Order transferred to DRT-I Delhi to hear status quo application (TSA No.355/2022) by December 23, 2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Application No. 123/2022 In
Misc. Appeal No. 86/2022 Arising out of S.A. No. 176/2020 (DRT-I, Delhi)
Real Office Spaces LLP Federal Bank Ltd. & Ors. Vs Federal Bank Ltd. & Ors.
25.11.2022 Hon’ble Mr. Justice Brijesh Sethi
Present : Mr. Rakesh Tiku, Sr. Advocate along with Mr. Ravinder Singh and Mr. Raveesha Gupta, Ld. counsel for the applicants/appellants
Mr. Pallav Saxena, Ld. counsel for respondents 2 and 3
This matter has been taken up by me through Video conferencing.
Misc. Application No.123/2022
This is an application filed by the applicants seeking direction to the DRTII, Delhi to hear and decide the TSA No.355 of 2022 pending before it expeditiously within two weeks.
The learned counsel for the applicants/appellants submits that this Tribunal had earlier on 30.05.2022, while disposing of the appeal, had directed the learned DRT to take up the application (No.2929/2021) seeking status quo of the property, which was pending before it, for hearing the arguments on 08.06.2022 preferable and thereafter dispose of the same within a reasonable time. The learned counsel for the appellants states that earlier when the S.A. was pending before the DRT-I, Delhi, order was reserved on 03.10.2022, however, thereafter owing to the issuance of Notification dated 04.10.2022 by the Govt. of India, the S.A. came to be transferred to DRT-II, Delhi on account of change in jurisdiction and the matter has now been listed on 20.12.2022 before the learned Registrar for completion of service. He further states that respondents are enjoying the status quo order granted by the learned DRT while issuing notice on the application (I.A. No.2929/2021) filed by the respondents despite the fact that appellant is an auction purchaser and has paid a sum of Rs.7 crores.
-: 2 :-
Learned counsel for the applicants prays that direction be given to the learned DRT to take up the matter and decide the same in a time-bound manner within two weeks.
Learned counsel for the respondents has no objection so far as the expeditious disposal of the S.A. is concerned.
Heard. In view of submissions of the learned counsels the matter is transferred to DRT-I, Delhi and the DRT-I, Delhi is requested to hear the S.A. in a time-bound manner by hearing the same on 22nd or 23rd December, 2022 and decide the same as expeditiously as possible.
Application stands disposed of.
File be consigned to record.
This order be communicated to the DRT-I, Delhi and DRT-II, Delhi.
( CHAIRPERSON )
-pk
Real Office Spaces LLP
Federal Bank Ltd.
Brijesh Sethi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
