RAJINDER SINGH PASSI & ANR. vs TATA CAPITAL FINANCIAL SERVICES LIMITED & ORS.
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.10.2023
+ CM(M) 1008/2023
RAJINDER SINGH PASSI & ANR. ….. Petitioners
Through: None
versus
TATA CAPITAL FINANCIAL SERVICES LIMITED & ORS.
….. Respondents
Through: Mr. K.K. Sharma, Advocate
%
CORAM:
HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
J U D G M E N T
MANMEET PRITAM SINGH ARORA, J (ORAL):
CM APPL. 53108/2023(condonation of delay)
1. For the reason stated in the application, the delay of 77 days in filing the present review petition is condoned.
2. The application stands disposed of accordingly.
REVIEW PET. 276/2023
3. This Review Petition is filed by the Respondents seeking clarification that the interim relief granted by this Court vide order dated 11.07.2023 was to continue only until the prayer for the interim relief sought by the Petitioner in SA No. 357/2023 is adjudicated upon.
4. The learned counsel for the Respondents has placed before this Court during the course of hearing a copy of the application SA No. 357/2023 filed by the Petitioner herein dated 25.03.2023 before the Debt Recovery Tribunal-I, Delhi (DRT-I) wherein prayer (ii) read as under:
ii. This Honble Tribunal may kindly direct that no coercive action be taken against the Applicant during the pendency of the present application, particularly restraining the Respondents from initiating any steps/action to dispossess the Applicant or its assignees from its mortgaged property and/or to alienate its immovable property in any manner;
(Emphasis supplied)
5. The matter was passed over to enable the Petitioner, non-applicant to join the proceedings and though the counsel for the applicant reached out to the counsel for the Petitioner; he has declined to join the proceedings.
6. This Court has perused the orders dated 28.06.2023 and 11.07.2023 passed in this petition. In the opinion of this Court, the submission made by the Respondent, applicant is correct. It was the intent of this Court that the interim protection shall continue until the adjudication of the interim prayers made by the Petitioner, non-applicant before DRT-I. This is also for the reasons that the interim protection was granted by this Court without considering the merits and only in view of the fact that the SA No. 357/2023 was not being heard.
7. It is accordingly clarified that the order dated 11.07.2023 shall only operate until the prayer clause (ii) of SA No. 357/2023 is decided by DRT-I.
8. Further, the learned DRT-I is requested to hear and adjudicate upon the prayer (ii) of SA No. 357/2023 within four (4) weeks from 03.11.2023, the date already fixed before the said tribunal. This direction has been passed to balance the interest of the parties.
9. With the aforesaid direction, the present review petition is disposed of.
10. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J
OCTOBER 16, 2023/hp/sk
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CM(M) 1008/2023 Page 2 of 2