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2023 Supreme(Del) 1040
IN THE HIGH COURT OF DELHI AT NEW DELHI
Najmi Waziri, Sudhir Kumar Jain, JJ.
Aman Aggarwal & Ors. – Appellants
Versus
Iifl Home Finance Ltd. – Respondent
W.P.(C) 2535 of 2023, CM APPL. 9711 of 2023 & CM APPL. 9712 of 2023
Decided On : 28-02-2023
Mr. Vikram Jit Saini and Mr. Deepak Srivastav, Advocates, for the Petitioners.
Mr. Nishant Awana and Mr. Azmat H. Amanullah, Advocates, for the Respondent.
Courts may direct expedited consideration of urgent applications when physical possession of property is imminent.
Headnote:
Jurisdiction - Urgent Hearing - Court directs jurisdictional DRT to consider petitioner's urgent application for hearing before the date of physical possession of property by Court Receiver
Fact of the Case:
The petitioner sought urgent hearing of their SA along with pending applications in a case titled Aman Aggarwal vs. IIFL Home Finance Limited by the appropriate DRT, as they received a notice for physical possession of their property.
Finding of the Court:
The court directed the jurisdictional DRT to consider the petitioner's urgent application before the date of physical possession of the property by the Court Receiver.
Issues: Urgent hearing of petitioner's application before physical possession of property
Ratio Decidendi: The urgency expressed by the petitioner's counsel led the court to direct the jurisdictional DRT to expedite the consideration of the petitioner's application.
Final Decision: The petition, along with pending applications, stands disposed-off with the direction for urgent consideration by the jurisdictional DRT.
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. Issue notice.
2. The learned counsel named above accepts notice on behalf of the respondent.
3. At joint request, the case is taken up for disposal.
4. This petition seeks urgent hearing of the petitioner's SA bearing no. 56/2023 along with pending applications in the case titled Aman Aggarwal vs. IIFL Home Finance Limited by the appropriate DRT.
5. The petitioner has received a notice from the Court Receiver for the physical possession of his property to be taken over on 04.03.2023. The aforesaid application is pending adjudication and has been marked for listing on 28.03.2023.
6. In view of the urgency expressed by the learned counsel for the petitioners, let the jurisdictional DRT consider the petitioner's application on 03.03.2023 or such dates as may be convenient.
7. The learned counsel for the parties submit that they would assist the DRT in the process and would not take any adjournments.
8. The petition, along with pending applications, if any, stands disposed-off in the above terms.
