Satish Garg v. Shikha Garg & Ors.

1. This is an application for urgent listing and hearing of CRL M.A. NO. 20816/2022 moved on behalf of the respondent No. 1. CRL M.A. NO. 20186/2022 is pending consideration in which the following prayer has been asked for: “In the facts and circumstances mentioned herein above, this Hon’ble Court may kindly be pleased to pass an order or direction restraining the Financer namely Aditya Birla Finance Ltd. from taking possession of matrimonial property of applicant bearing No.C-501, APEX GREEN VALLEY, SECTOR-9,VAISHALI, GHAZIABAD, U.P., or in alternative direct the financer from taking any coercive action till the decision of DV complaint pending before Ms Isra Zaidi the Ld.Mahila Court at Karkardoom or in alternative Stay the impugned order dated 30-04-2022, passed by Shri Vivek Srivastva, Ld. ADM, Ghaziabad in Ct. Case No. 2068/2022 titled as Aditya Birla Finance Ltd Vs. SK Medicos & Ors.from taking the possession of secured asset.”

2. At the outset, this Court is of the firm view that it cannot pass any injunction order against the Aditya Birla Finance Ltd. from taking possession of Flat No.C-501, Apex Green Valley, Sector-9, Vaishali, Ghaziabad, U.P. This Court also deprecates this practice of filing the application at the last moment. The notice was served by the Aditya Birla Finance Ltd on the applicant on 12.07.2023 with a clear stipulation that they will begin the proceedings of taking over the possession on 19.07.2023.

3. Today, on 19.07.2023 at 10.30 AM Ms. Swati Bhushan Sharma mentioned the matter stating it to be very urgent. On request, the matter was directed to be listed today at 2.30 pm. At 2.30 PM, learned counsel for the petitioner argued vehemently that the right to life and liberty is sought to be violated. While, the arguments on the face of it, look very attractive, however, upon hearing the submissions of both the parties, this Court found that there was no substance in the argument as the applicant has already availed the remedy before the DRT and DRAT. However, without going into the merits of the case and purely on taking the humanitarian approach, this Court is inclined to pass some order only for the purpose of giving some relief to respondent and her children. This court must record the appreciation for learned counsel for the petitioner as on instructions of the petitioner, learned counsel has voluntarily agreed for the following points: i. That a two bedroom flat shall be made available to the applicant on rent in Sector-9, Vaishali Ghaziabad within 15 days; and ii. That in case, the possession is taken over by the Aditya Birla Finance Ltd today, the petitioner shall accommodate the applicant and her children in nearby decent hotel for the period of 15 days while the arrangement for their housing are made.

4. In order to ease the apprehensions of the applicant, the petitioner is directed to make a minimum deposit of six months’ rent with the landlord.

5. The Aditya Birla Finance Ltd may also consider to defer taking the possession, purely on humanitarian grounds for 15 days so that the applicant and her children may directly shift from the house-FLAT No.C-501, Apex Green Valley, Sector-9, Vaishali, Ghaziabad, U.P. to another rented house. However, this Court makes it clear that it would be on the discretion of the Aditya Birla Finance Ltd to accommodate the applicant and her children.

6. Ms. Manasi Bhushan, advocate (D/5187/2018) (Mob. NO. 9820518528/9582137440is appointed as a Court Commissioner to ensure that the directions of this Court are properly executed and implemented and her fees of Rs. 25,000/- is to be paid by the petitioner.

7. In view of the above, the CRL M.A. No. 20816/2022 and CRL. M.A. 18791/2023 are disposed of. CRL.M.C. 4370/2022

8. List on 21.08.2023.

9. Copy of this order be given dasti under the signature of the Court Master.

DINESH KUMAR SHARMA, J JULY 19, 2023