CONT.CAS(C) 1020/2025 Page 1 of 4 $~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th August, 2026 # CNR No. DLHC010429262025 + CONT.CAS(C) 1020/2025 & CM APPL. 2236/2026 PASUPATI SPINNING AND WEAVING MILLS LTD. .....Petitioner Through: Mr. Shreesh Chadha, Mr. A.S. Bakshi and Mr. Divjot Singh Bhatia, Advs. M: 7678644513 versus OMKARA ASSETS RECONSTRUCTION PRIVATE LIMITED .....Respondent Through: Mr. Shaunak Kashyap, Ms. Mayanka Dhawan, Mr. Vikram Kalra and Ms. N. Choudhary, Advs. M: 9999166097 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): 1. The present petition has been filed alleging wilful disobedience of the final order dated 09th September, 2022, passed by the Presiding Officer, Debt Recovery Tribunal-II, Delhi (“DRT”) in SA no. 106/2017. 2. Vide order dated 09th September, 2022, the following directions had been issued by the DRT: “ Digitally Signed By:HARIOM SHARMA Signing Date:23.08.2026 18:47:56 Signature Not Verified CONT.CAS(C) 1020/2025 Page 2 of 4 xxx xxx xxx ” 3. Perusal of the aforesaid order shows that details of certain goods and machinery given, in respect of which, liberty was granted to the petitioner herein to lift the same. 4. This Court notes that vide order dated 15th October, 2025 passed in the present proceedings at request of the respondent, a Local Commissioner (“LC”) was appointed. 5. The LC has since given his Report dated 07th November, 2025, which is on record, noting the submission of the petitioner with regards to the inventory of the missing goods and machinery. 6. This Court notes that vide order dated 14th January, 2026, this Court has recorded as under: Digitally Signed By:HARIOM SHARMA Signing Date:23.08.2026 18:47:56 Signature Not Verified CONT.CAS(C) 1020/2025 Page 3 of 4 7. Perusal of the aforesaid order clearly shows that the petitioner herein has stated that they shall be moving an application before the DRT with regard to the missing plant and machinery as well as the auction proposed to be conducted. 8. This Court is informed that the petitioner has already filed an appropriate application before the DRT, which is currently pending. Submission in this regard is recorded in the order dated 21st January, 2026 passed by this Court, which reads as under: “1. During the course of hearing, it transpires that the petitioner has filed an application before the Debt Recovery Tribunal (“DRT”) seeking compensation on account of the allegedly missing plant/machinery/goods. This application is now listed Digitally Signed By:HARIOM SHARMA Signing Date:23.08.2026 18:47:56 Signature Not Verified CONT.CAS(C) 1020/2025 Page 4 of 4 before DRT on 20.02.2026. xxx xxx xxx” 9. The aforesaid order clearly shows that the petitioner herein has filed an application before the DRT seeking compensation on account of the allegedly missing plant/machinery/goods. 10. Accordingly, since the petitioner has already moved to DRT in respect of the missing plant/machinery/goods, the finding with regard to the same shall be given by the DRT. 11. At this stage, when the issue with regard to the missing plant/machinery/goods is pending adjudication before the DRT, this Court cannot, on the basis of any presumption regarding any missing plant/machinery/goods, proceed with the present matter. 12. Accordingly, no orders can be passed by this Court at this stage. However, liberty is granted to the petitioner to revive the present petition or seek other remedies in accordance with law, in case, the DRT arrives at a factual finding that the plant/machinery/goods, which were directed to be lifted by the petitioner, are indeed missing. 13. Noting the aforesaid, the present petition is disposed of. 14. Pending application also stands disposed of. MINI PUSHKARNA, J AUGUST 17, 2026/KR By:HARIOM SHARMA Signing Date:23.08.2026 18:47:56