Back
2023 Supreme(Del) 4350
IN THE HIGH COURT OF DELHI AT NEW DELHI
Najmi Waziri, Sudhir Kumar Jain, JJ.
Rajesh Shukla & Anr. – Appellants
Versus
Uco Bank & Anr. – Respondents
W.P.(C) 897 of 2022 & CM Appl. 2534 of 2022
Decided On : 16-05-2023
Mr. Aaditya Vijay Kumar and Mr. Akshit Mohan, Advocates, for the Petitioner.
Mr. Rajeeve Mehra, Senior Advocate (Amicus Curiae), for the Respondent.
Mr. I.S Chauhan, Advocate, for R-1.
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.
Headnote:
Ex-parte Order - Debt Recovery - The court maintained status-quo pending the petitioners' application seeking review of the ex-parte order passed by the Debt Recovery Tribunal-II (DRT-II).
Fact of the Case:
The petitioners were held jointly liable for payment of certain monies to the Bank based on an ex-parte order by DRT-II. Their application for review of the order is pending.
Finding of the Court:
The court directed the parties to approach the concerned DRT for urgent hearing and disposal of the case, maintaining status-quo till the petitioners' application is taken up.
Issues:
Ratio Decidendi:
Final Decision: The petition is disposed-off with the direction to maintain status-quo till the petitioners' application is heard.
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. In terms of an ex-parte order dated 31.01.2019 passed by the Debt Recovery Tribunal-II (DRT-II), the petitioners have been held jointly liable for payment of certain monies to the Bank. The petitioners' application seeking review of the said order is pending before the concerned DRT. Since DRT-III was not functional at that time, this petition was preferred.
2. The learned counsel for the parties submits that they will approach the DRT concerned for urgent hearing of the case. The parties will request the DRT to take up the matter and dispose it off in an expedited manner.
3. In view of the above, till such time that the petitioners' application is taken up. Status-quo shall be maintained.
4. The petition is disposed-off in the above terms.
