NAJMI WAZIRI, SUDHIR KUMAR JAIN
Aman Aggarwal – Appellant
Versus
Iifl Home Finance Ltd. – Respondent
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.
Courts may direct expedited consideration of urgent applications when physical possession of property is imminent.
The court has the discretion to maintain status quo regarding physical possession pending an application for interim relief, allowing parties to settle matters amicably.
Urgent hearing and prevention of precipitate action by the DRT.
The court's decision emphasized the importance of approaching the concerned tribunal for urgent hearing and disposal of the case, while maintaining status-quo in the interim.
The court emphasized the importance of expeditious disposal of applications for possession of mortgaged property under the SARFAESI Act, especially in cases involving prolonged delays and substantial....
The court prioritized the need for speedy disposal of the case and directed the Debt Recovery Tribunal to hear the petitioner's case before any other rights are sought to be created in the mortgaged ....
The court prioritized the need for early adjudication of the case and directed the Debt Recovery Tribunal to hear the petitioner's case before any other rights are sought to be created in the mortgag....
The court prioritized the need for early adjudication to prevent irreparable prejudice to the petitioner in the context of property rights and auction proceedings.
The court prioritized the petitioner's rights in the mortgaged property and emphasized the need for early adjudication of the case.
The court prioritizes the protection of the petitioner's rights in the mortgaged property and emphasizes the need for speedy disposal of the case to prevent irreparable prejudice.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.