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2023 Supreme(Del) 3021

PURUSHAINDRA KUMAR KAURAV
In The Matter Of: Vanya Jain – Appellant
Versus
Ambit Finvest Pvt. Ltd. – Respondent


Advocates appeared:
Mr.Sanjeev Ralli, Senior Advocate with Mr.Aproov Parashari, Mr.Vivek Singh, Mr.Piyush M. Dwivedi and Mr.Chetanya Baweja, Advocates, for the Petitioner.
None, for the Respondent.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)

CM APPL. 34811/2023 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

W.P.(C) 9155/2023 and CM APPL. 34810/2023

3. The petitioner, vide the instant writ petition has prayed for the following reliefs:

    "a. Pass a Writ, Order or Direction in the nature of certiorari while quashing and setting aside the impugned Notice under Section 13(2) issued by Respondent No. 1 dated 02.05.2023, and any proceedings emanating therefrom with respect to tile said property of the Petitioner; and

    b. Issue a Writ, Order or Direction in the nature of mandamus, restraining the Respondents from interfering with the said Property being the Second Floor alongwith 1/3rd undivided rights in the roof of property bearing No. C - 3/ 15, Ashok Vihar, Phase - 2, Delhi- 110052 in any manner whatsoever."

4. Mr.Sanjeev Ralli, learned senior counsel appearing on behalf of the petitioner submits that the impugned notice dated 02.05.2023 is issued without jurisdiction and even otherwise the same is completely illegal and improper. According to him, the instant writ petition is maintainable on the ground that the provisions of the Se

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