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2023 Supreme(Del) 2863

NAJMI WAZIRI, SUDHIR KUMAR JAIN
Kotak Mahindra Bank Limited – Appellant
Versus
Meenu Raisurana – Respondent


Advocates appeared:
Mr. Ravi Gupta, Mr. Mahip Datta Parashar, Ms. Sanya Lamba, Mr. Sachin Jain, Advocates, for the Petitioner.
Mr. Aditya Malhotra, Advocate for R-1.
Mr. Palav Saxena, Advocate for R-2 to R-5

JUDGMENT

Najmi Waziri, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. Issue notice. The learned counsel named above accepts the notice on behalf of their respective respondents.

2. At joint request, this petition has been taken up for disposal.

3. This petition seeks the following reliefs:

I. To quash and set aside the order dated 13.05.2022 passed by Ld. DRT-II New Delhi in SA No. 128/2022 titled as "Meenu Raisurana vs. Kotak Mahindra Bank Limited & Ors." and/or

II. Direct the Ld. DRT-III Delhi having additional charge over DRT-II Delhi to take up the Application seeking vacation of stay preferred by the Petitioner Bank in SA No. 128/2022 on the next date of hearing and dispose off the same in a time bound matter;

4. The learned counsel for the petitioner seeks possession of the mortgaged property and submits that under section 14 of the SARFAESI Act, the petitioner is entitled to take possession of the mortgaged property i.e., B-384, 2nd Floor, New Friends Colony, New Delhi, 110065. However, the impugned order passed by the DRT-II on 13.05.2022 has order status quo. Their application for vacation of the interim order has not been h

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