Delhi High Court
Harinder Pal Singh vs Hdfc Bank on 7 August, 2023
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 07.08.2023
+ CM(M) 1250/2023 & CM APPL. 39954/2023
HARINDER PAL SINGH ..... Petitioner
Through: Mr. Amulya Dhingra and Mr.
Abhishek Dev, Advocates.
versus
HDFC BANK ..... Respondent
Through: None.
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
CM APPL. 39954/2023 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 1250/2023
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
Signature Not Verified
Digitally Signed CM(M) 1250/2023
By:RASHMI DABAS
16:15:52
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.
6. The digitally signed copy of this order, duly uploaded on the official
Signature Not Verified
Digitally Signed CM(M) 1250/2023
By:RASHMI DABAS
16:15:52
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
Signature Not Verified
Digitally Signed CM(M) 1250/2023
By:RASHMI DABAS
16:15:52
