Smt. Poonam Manchanda vs The Presiding Officer & Ors.
2010 Latest Caselaw 1167 Del

*                IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                      Date of Reserve: February 23, 2010
                                                          Date of Order: March 02, 2010
+ CM(M) 650/2009
%                                                              02.03.2010
     Smt. Poonam Manchanda                       ...Petitioner
     Through: Mr. A.K.Singla, Sr. Advocate with
     Mr. Pankaj Gupta & Mr. J.K.Sharma, Advocates

        Versus

        The Presiding Officer & Ors.                ...Respondents
        Through: Mr. Mayank Bansal, Advocate for R-2


        JUSTICE SHIV NARAYAN DHINGRA

1.      Whether reporters of local papers may be allowed to see the judgment?

2.      To be referred to the reporter or not?

3.      Whether judgment should be reported in Digest?


        JUDGMENT

1. By this petition, the petitioner has assailed an order dated 02.02.2009

passed by Presiding officer, DRT-II, Delhi, whereby learned DRT issued a

direction for preparation of recovery certificate in terms of decree and judgment

passed by this court, for Rs. 8,14,007/- with one half costs and interest pendent

lite and future interest @ 12% per annum.

2. This Court had decreed a Suit No. 3477/91 vide decision dated 17.09.2002

for a sum of Rs. 8,14,007/- with one half costs and interest pendent lite and

future interest @ 12% per annum. After creation of Debt Recovery Tribunal, the

CM(M) 650/2009 Poonam Manchanda vs. The Presiding Officer & Ors. Page 1 Of 3 decree was filed before the Debt Recovery Tribunal for recovery of the amount

and Debt Recovery Tribunal passed the impugned order. The petitioner was not

a party to the suit but claims to be a subsequent purchaser of the property of

Judgment Debtor, on the basis of a registered agreement to sell, executed

sometime in April, 2007. He had not made the Judgment Debtor as a party to

this petition but had made only decree holder, i.e., the bank as a party. The

petitioner has no locus standi nor a right to assail the judgment passed by this

court since he was not a party to the proceedings of this court. Neither he has a

right to assail the order passed by learned Debt Recovery Tribunal, on the basis

of decree passed by this court. The petition is per se is not maintainable and is

liable to be dismissed on this ground alone.

3. Learned counsel for petitioner contended that learned Debt Recovery

Tribunal had treated the decree passed by this court as a preliminary decree and

issued a recovery certificate. This argument again is not tenable. A mere mistake

in describing the nature of decree passed by this court would not entitle the

petitioner to approach this court under Article 227 of the Constitution. A perusal

of the order passed by learned Debt Recovery Tribunal shows that at one place

in its order, learned Debt Recovery Tribunal observed that preliminary decree

was passed by this court on 17.09.2002. This only seems to be a mistake in

describing the decree passed by this court and nothing more. Thus, plea raised

by petitioner is false and this petition is a frivolous petition.

4. I, therefore, dismiss the petition with cost of Rs. 50,000/-, being a

CM(M) 650/2009 Poonam Manchanda vs. The Presiding Officer & Ors. Page 2 Of 3 frivolous petition filed with the purpose for staling the proceedings before the

Debt Recovery Tribunal. The above-said cost shall be recoverable by Debt

Recovery Tribunal from the petitioner by way of attachment of moveable assets.

March 02, 2010                                          SHIV NARAYAN DHINGRA J.
ashish




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