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2023 Supreme(Del) 5182
IN THE HIGH COURT OF DELHI AT NEW DELHI
Najmi Waziri, Sudhir Kumar Jain, JJ.
Parveen Kumar Yadav & Ors. – Appellants
Versus
Union of India & Anr. – Respondents
W.P.(C) 8754 of 2023
Decided On : 03-07-2023
Mr Samrat Nigam, Mr Siddharth Chaturvedi and Ms Tanya Agarwal, Advocates, for the Petitioners.
Mr Ravi Prakash, CGSC for the UOI/Respondent-1 with Mr Farman Ali, Ms Astu Khandelwal and Mr Vedansh Anand, Advocates.
Mr Sanjeev Bhandari, Mr Sushant Bali, Mr Kunal Mittal, Mr Saurabh Tanwar, Advocate, for the Respondent-2.
The court has the discretion to maintain status quo regarding physical possession pending an application for interim relief, allowing parties to settle matters amicably.
Headnote:
Court Application - Stay - The court allowed an exemption application and issued notice for a stay application. The petitioners sought to maintain status quo regarding the physical possession of their property until an application for interim relief is taken up.
Fact of the Case:
The petitioners' property was to be taken over by the Court Receiver against a loan amount, with a pending application for interim relief before the DRT.
Finding of the Court:
The court allowed the exemption application and issued notice for the stay application, maintaining status quo regarding the physical possession of the property until an application for interim relief is taken up.
Issues: Physical possession of the property, outstanding loan amount, pending application for interim relief before the DRT.
Ratio Decidendi: The court decided to maintain status quo regarding the physical possession of the property until an application for interim relief is taken up, allowing the parties to settle the matter amicably.
Final Decision: The petition along with the pending application was disposed-off in terms of the above.
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 33036/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed-off.
W.P.(C) 8754/2023 & CM APPL. 33037/2023 (stay)
3. Issue notice. Notice is accepted by the learned counsel named above for the respondents. At joint request, the petition is taken up for disposal.
4. The learned counsel for the petitioners submits that: i) the possession of petitioners' property is to be taken over today by the Court Receiver appointed by the learned CMM, Shahdara, by order dated 22.05.2023, against a loan amount of Rs.28 lacs; ii) an amount of Rs.9.20 lacs has been paid in terms of an understanding with the bank that upon payment of the said amount, the entire outstanding amount will be foreclosed iii) according to the possession notice, only an amount of Rs.12 lacs remains outstanding and iv) their S.A No.209/2023 is still pending for adjudication.
5. The learned counsel for the petitioners submits that that an application for interim relief will be filed by him before the DRT concerned. The learned counsel for the respondents submits that he will also assist in the early disposal of the matter. In the circumstances, let status quo apropos the physical possession of the property, which is with the petitioner, be maintained till such application for interim relief is taken up. Petitioners say that in the interim they will endeavour to settle the matter amicably and towards this objective they will approach the bank on Thursday, 06.07.2023.
6. The learned counsel for UOI/R1 submits that Presiding Officers for all Delhi DRTs have been appointed.
7. The petition along with pending application is disposed-off in terms of the above.
