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HIGH COURT OF DELHI
Date of Decision: 07.08.2023
HARINDER PAL SINGH ..... Petitioner
Through: Mr. Amulya Dhingra and Mr. Abhishek Dev, Advocates.
Through: None.
JUDGMENT
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
1. This petition filed under Article 227 of the Constitution of India seeks a direction to the Presiding Officer, DRT-01, Delhi (‘Recovery Officer’) in M.A. No. 2285/2023 to decide the objections filed by the Petitioner in a time bound manner and consider the relief of the Petitioner for being granted possession or keys of the tenanted shop i.e., M/s Paul Electronics situated at B-11, Tagore Market, Kirti Nagar, New Delhi (‘subject property’).
1.1. The learned counsel for the Petitioner states that the Petitioner is a statutory tenant in the subject property.
1.2. He states that the possession of the subject property was taken over by the Receiver on 12.02.2021 and the keys to the subject property are lying deposited with the Recovery Officer.
1.3. He states that in the objections, the Petitioner herein is seeking a direction that the possession of the subject property be restored back to the Petitioner herein.
1.4. He states that the tenancy of the Petitioner is admitted and Respondent No.1, Bank in its reply has also admitted to the said claim of the Petitioner herein.
1.5. He states that though the objections have been pending since 08.03.2021, no final orders have been passed in the said petition.
2. None appears on behalf of the Respondents despite advance service.
3. This Court has considered the submissions of the learned counsel for the Petitioner and perused the petition. In this petition, the Petitioner has sought a limited relief of direction to recovery officer to hear and decide his objections and the relief of possession.
4. The objections dated 08.03.2021 filed by the Petitioner have remained pending for 2.[5] years. The Petitioner is seeking restoration of possession. This Court is of the opinion that in the facts of this case, the Petitioner has made out a case for issuance of the directions. Accordingly, the Recovery Officer is requested to take-up and adjudicate the objections of the Petitioner within a period of two (2) months from 11.08.2023, the date on which the matter is already fixed before the Recovery Officer.
5. With the aforesaid directions, the present petition is disposed of. Pending applications, if any, stand disposed of. website or 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 (JUDGE) AUGUST 07, 2023/msh/sk