Sameer Bahadur v. Union of India

Delhi High Court · 08 Apr 2024 · 2024:DHC:2861-DB
Manmohan, ACJ; Manmeet Pritam Singh Arora
W.P.(C) 5126/2024
2024:DHC:2861-DB
civil petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition challenging the DRAT’s pre-deposit requirement and refused to interfere with the ongoing SARFAESI appeals, directing the petitioner to seek early hearing before the tribunal.

Full Text
Translation output
W.P.(C) 5126/2024
HIGH COURT OF 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 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