Listing order in an appeal against DRT dismissal. The chairperson noted the appellant's readiness to pay pre-deposit and settle the matter, noting the respondent is not seeking immediate possession of the property in question. Adjourned.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No.04/2023 Arising out of S.A. No.398/2022 (DRT-II, Delhi)
Ajay Kumar Jha Vs. M/s IIFL Home Finance Ltd.
05.01.2023 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Ashish Kumar Sharma and Mr. Bikash Vishwakarma, Ld. counsel for appellant
Mr. Pallav Saxena, Ld. counsel for respondent FI
This matter has been taken up by me through Video Conferencing.
Learned counsel for the appellant submits that there is a threat that receiver is coming to take possession of the property i.e. RZ-D-8 in Gali No.5, Land area measuring 104.6 sq. mtr. (125 sq.yard) out of Khasra No.650, situated in the revenue estate of village Naseerpur, Delhi State colony known as Indra Park, Palam Colony, Delhi against which outstanding amount is Rs.1,14,23,325/. He further states that the court fee which was deficient has been paid by the appellant.
Heard. This is an appeal against the order dated 29.12.2022 passed by the learned DRT-II, Delhi, whereby the S.A. of the appellant was dismissed as being premature and not maintainable.
Pre-deposit is yet to be made by the appellant for the entertainment of the appeal. Learned counsel for the appellant states that he is ready to settle the matter and for that purpose he will approach the respondent FI today itself.
Learned counsel for the respondent FI states that the FI, for the time being, is not taking possession of the property in question.
List the matter on 24.01.2023 for consideration and for making pre-deposit.
(CHAIRPERSON)
-pk
Ajay Kumar Jha
M/s IIFL Home Finance Ltd.
Brijesh Sethi
As recorded by the court registry
2 orders share this CNR
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