Asha Rani Jindal & Anr vs State Bank Of India
2017 Latest Caselaw 3182 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 5230/2017 & CM 22215/2017 (stay)
      ASHA RANI JINDAL & ANR                      ..... Petitioners
                    Through : Mr. Bhagat Singh, Advocate

                         versus

      STATE BANK OF INDIA                        ..... Respondent
                   Through : Mr. S.N. Relan, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
      HON'BLE MS. JUSTICE DEEPA SHARMA
                   ORDER

% 11.07.2017

1. The petitioners are aggrieved by the orders dated 11.5.2017 and 16.5.2017 passed by the Debt Recovery Tribunal-I, Delhi in SA No.97/2017.

2. At the outset, we have enquired from counsel for the petitioners as to whether the petitioners have assailed the aforesaid orders before the Debt Recovery Appellate Tribunal (in short 'the DRAT'). The reply is in the affirmative.

3. Learned counsel for the petitioners states that an appeal has been preferred by the petitioners against the aforesaid orders wherein vide order dated 25.5.2017, the learned DRAT has directed the petitioners to deposit at least 25% of the amount of debt claimed from them by the respondent/Bank.

4. Learned counsel for the respondent/Bank states that the next date of hearing fixed before the learned DRAT is 12.7.2017.

5. A statutory remedy of filing an appeal available to the petitioners

under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. We see no reason to entertain the present petition when the appeal filed by the petitioners is already pending adjudication before the DRAT.

6. Needless to state that while disposing of this petition, we have not expressed any opinion on the merits of the case, which shall be considered and decided by the learned DRAT in accordance with law.

7. The writ petition is disposed of, along with the pending application.

HIMA KOHLI, J

DEEPA SHARMA, J JULY 11, 2017 sk/ap