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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 02.12.2025

Judgment pronounced on: 23.12.2025

Judgment uploaded on: 23.12.2025

+ W.P.(C) 18257/2025, CM APPL. 75549/2025, CM APPL.

75550/2025 & CM APPL. 75551/2025

TRUEVALUE MARKETING SERVICES PRIVATE

LIMITED AND ANR. ….Petitioners

Through: Mr. Rajeeve Mehra, Sr. Adv.

along with Mr. Samyak Bilala,

Advocate

versus

UNION OF INDIA & ORS. .....Respondents

Through: Mr. Premtosh K. Mishra,

CGSC along with Mr. Anurag

Tiwari, Mr. Prarabhdh Tiwari

and Mr. Shrey Sharma,

Advocates for R-1/UoI.

Mr. Vipin Jai and Mr. Ujjwal

Goel, Advocates for R-5/BoI

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN

SHANKAR

J U D G M E N T

ANIL KSHETARPAL, J.

1. Through the present petition, the Petitioners (the Auction

Purchasers of the properties located in Mumbai and Chennai) assail

the correctness of the order dated 08.04.2025 [hereinafter referred to

as ‘Impugned Order’] passed by the learned Presiding Officer, Debts

Recovery Tribunal [hereinafter referred to as ‘DRT’] -II, Delhi against

Signature Not Verified

Signed By:SAVITA

PASRICHA

Signing Date:23.12.2025 W.P.(C) 18257/2025 Page 1 of 13

12:42:06

which a statutory Appeal is maintainable before the Debts Recovery

Appellate Tribunal [hereinafter referred to as ‘DRAT’].

2. The limited issue before this Court is whether the Petitioners,

despite the availability of a statutory appeal, have been rendered

remediless on account of administrative and procedural impediments,

warranting exercise of writ jurisdiction to facilitate access to the

appellate forum.

3. The Impugned Order primarily:

i. Transferred the execution of the Recovery Certificate dated

29.08.2017 to the Debts Recovery Tribunals in Mumbai and Chennai;

ii. Entertained a Miscellaneous Application (MA) filed by the

Certificate Debtors raising objections with respect to territorial

jurisdiction; and

iii. Issued consequential directions in relation to the pending

recovery proceedings.

FACTUAL MATRIX

4. In order to comprehend the issues involved in the present case,

relevant facts in brief are required to be noticed.

5. The dispute arises out of recovery proceedings initiated under

the RDB Act. An Original Application being O.A. No. 58/2016 was

instituted before the DRT-II, Delhi by the Respondent No. 5/Bank of

India against the Certificate Debtors. Upon adjudication, a Recovery

Certificate dated 29.08.2017 came to be issued.

Signature Not Verified

Signed By:SAVITA

PASRICHA

Signing Date:23.12.2025 W.P.(C) 18257/2025 Page 2 of 13

12:42:06

6. Pursuant to the issuance of the Recovery Certificate, recovery

proceedings were initiated and registered as RCA No. 260/2017

before the Recovery Officer, DRT-II, Delhi. In the course of

execution, auction proceedings were conducted in respect of certain

immovable properties belonging to the Certificate Debtors. The

auction sale was conducted on 12.02.2020. Petitioner No. 1 emerged

as the auction purchaser in respect of the Mumbai property, while

Petitioner No. 2 emerged as the auction purchaser in respect of the

Chennai property.

7. Following the auction proceedings, various applications and

objections were filed from time to time before the Recovery Officer as

well as before the Presiding Officer, DRT-II. One such application,

being M.A. No. 89/2020, was filed invoking Section 7(2) of the RDB

Act. An order dated 21.01.2021 came to be passed therein by the

Presiding Officer, DRT-II.

8. Aggrieved by the order dated 21.01.2021, miscellaneous

appeals were filed before the DRAT, Mumbai, including Misc. Appeal

Nos. 57/2021, 58/2021 and 67/2021. By order dated 29.04.2024, the

DRAT Mumbai allowed the said Appeals, set aside the order dated

21.01.2021 and directed that M.A. No. 89/2020 be treated as an

Appeal under Section 30 of the RDB Act, subject to compliance with

the statutory requirements.

9. Thereafter, in the recovery proceedings, an application dated

18.09.2024, bearing I.A. Diary No. 394/2024, was filed by the

Certificate Debtors before the Recovery Officer, rais