Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 13697 (DEL)

DINESH KUMAR v. CENTRAL BANK OF INDIA

W.P.(C)/3819/2025 · 2025-03-26

Vikas Mahajan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~127 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3819/2025 DINESH KUMAR .....Petitioner Through: Mr. Vivek Sharma, Mr. Vikas Sharma and Ms. Devanshi Sharma, Advs. versus CENTRAL BANK OF INDIA .....Respondent Through: Mr. Tushar Singh, Mr. Pratyaksh Bhadoria and Ms. Aastha Kaushik, Advs. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 02.04.2025 CM APPL. 18875/2025 (filed by petitioner for directions) 1. The present application has been filed seeking following relief: “(A) DIRECTING the respondent bank to accept 25% of the amount and the remaining 25% amount within four weeks thereafter. (B) DIRECTING the respondent bank not to take possession of the property bearing No. D-13A, East Jyoti Nagar, Loni Road, Delhi-110093, measuring 158.85 sq. mtrs. (190 sq. yds.) till disposal of the proceedings pending before Ld. DRAT.” 2. The learned counsel appearing on behalf of the petitioner submits that the petitioner is not in a position to deposit 50% of the remaining settlement amount. However, the petitioner has already arranged 25% of the remaining settlement amount. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2025 at 12:32:42 3. He submits that since this Court has already recorded the submission of the petitioner on 26.03.2025 that the petitioner will deposit 50% of the remaining settlement amount, the petitioner is not in a position to make a request to the learned DRAT for reduction of amount. 4. In view of the above, the liberty is granted to the petitioner to move an application before the learned DRAT in terms of the 3rd proviso to Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) with a prayer to reduce the pre-deposit of 50% to 25% of the remaining settlement amount, in the pending Misc. Appeal No.348/2024. To show the bona fide, let application be accompanied with the demand draft of such 25% amount in the name of Registrar, DRAT. 5. If any such application is filed by the petitioner, the same may be considered by the learned DRAT on its own merits. 6. The application is disposed of in the above terms. 7. It is made clear that no further indulgence will be granted to the petitioner by this court. VIKAS MAHAJAN, J APRIL 2, 2025 N.S. ASWAL This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2025 at 12:32:42