SAMEER BAHADUR vs UNION OF INDIA

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5126/2024 & CM APPL. 20974/2024
SAMEER BAHADUR ….. Petitioner Through: Mr.Gurmehar Vaan Singh, Advocate
versus
UNION OF INDIA ….. Respondent
Through: Mr. Ravi Prakash, CGSC with Ms. Astu Khandelwal, Mr. Yatharth Shukla, Mr. Taha Yasin and Mr. Ali Khan, Advocates for R-1/UOI
% Date of Decision: 08th April, 2024
CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1.
Present writ petition has been filed seeking quashing of the SARFAESI / recovery action initiated by the respondent no.2 and/or a direction to the learned Chairperson, DRAT, Delhi to decide the two appeals of the Petitioner in a time bound manner, without insisting on the condition of pre-deposit on the ground that there is no overdue amount in either of the home loan accounts of the petitioner.

2.
Learned counsel for the petitioner states that the DRAT refused to admit the appeals filed by the petitioner for lack of pre-deposit and the

W.P.(C) 5126/2024 Page 1 of 2

appeals were adjourned to 05th February, 2024. He states that subsequently, the appeals were adjourned, since the learned Chairperson, DRAT was on leave. He further states that the appeals have now been adjourned to 13th May, 2024. He states that the petitioner is suffering due to inordinate delay in disposing of the appeal as he is constrained to pay bloated EMIs to respondent-bank.
3.
This Court is of the view that as the matter is already listed before DRAT on 13th May, 2024, no specific orders/directions are required to be passed by this Court. If the petitioner is desirous of seeking an early disposal of his appeals, he is at liberty to file applications for early hearing which shall be decided in accordance with law.

4.
With the aforesaid direction, the present writ petition along with application is dismissed.

ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J APRIL 8, 2024 AS
W.P.(C) 5126/2024 Page 2 of 2