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2017 Supreme(Del) 4008

HIMA KOHLI, DEEPA SHARMA
Shailender Singh – Appellant
Versus
Kangra Cooperative Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Nimish Chib and Mr. Ajay Mishra, Advocates
For the Respondent:Mr. Rajendra Vats and Mr. Aditya, Advocates, /Bank

ORDER :

1. The petitioners are aggrieved by an order dated 04.02.2016 passed by the learned DRAT, dismissing an appeal filed by them against the orders dated 13.11.2015 and 13.01.2016 passed by the learned DRT.

2. On 13.11.2015, the Securitisation Application filed by the petitioners was disposed of by the DRT in view of the statement made by the counsel for the petitioners to the effect that his clients were ready to vacate the subject premises along with roof rights within 30 days, they were granted a period of 30 days to vacate the subject premises and hand over possession thereof to the respondent No.1/Bank. Two days short of the expiry of 30 days granted to the petitioners, they moved an application before the learned DRT for seeking recall of the order dated 13.11.2015 stating inter alia that they were never apprised by their counsel of the order dated 13.11.2015 and nor was the said counsel given any instructions for vacating the subject premises within 30 days. Vide order dated 17.12.2015, the said review application was dismissed by the DRT-III, Delhi.

3. Aggrieved by the said dismissal order, the petitioners had filed an appeal before the learned DRAT, registered as Appeal N







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