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2026 DAILYLAW 11513 (DEL)

KIRTI GANDOTRA v. CANARA BANK AND ORS

CM(M)/1430/2026 · 2026-07-09

Renu Bhatnagar, Vivek Chaudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1430/2026 & CM APPL. 42456/2026 KIRTI GANDOTRA .....Appellant Through: Appearance not given. versus CANARA BANK AND ORS. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR O R D E R % 09.07.2026 CM APPLs. 42457-59/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. Accordingly, the applications stand disposed of. CM(M) 1430/2026 3. The present petition has been filed under Provision of Section 151 of the Code of Civil Procedure, 1908 read with Article 227 of the Constitution of India against the Impugned Order dated 07.07.2026 passed by the learned Debt Recovery Tribunal-II, Delhi (hereinafter referred to as, „DRT‟) with the following prayers: “ a. Issue an order, or direction, thereby calling for the records of the case S.A. No. 240/2026 titled "Kirti Gandotra Vs. Canara Bank & Ors." from the file of the Ld. Debts Recovery Tribunal-II, Delhi; b. Issue an order, or direction, to quash and set aside the impugned order dated 07.07.2026 passed by the Ld. Debts Recovery Tribunal-II, 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 13/07/2026 at 15:15:10 Delhi in S.A. No. 240/2026; c. Issue an order or direction restraining the Respondents, their officials, agents, servants, representatives, and any person acting on their behalf, from taking physical possession of the Petitioner's sole residential property bearing Flat No. 47, DDA-SFS, Pocket-l, Sector-4, Harmony Apartments, Dwarka, New Delhi, on 09.07.2026 or on any other subsequent date, during the pendency of the present petition; d. Award the costs of the present petition in favour of the Petitioner and against the Respondents; and e. Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, in the interest of justice.” 4. Learned counsel for the appellant seeks to withdraw the present petition with liberty to file an appropriate application before the concerned Debt Recovery Appellate Tribunal (DRAT), for claiming the same relief. However, he submits that there is a great urgency in the matter and he may file an urgency application. However, if an urgency application is filed along with the appeal, we expect that DRAT shall consider expeditiously without any unnecessary delay, in accordance with law. 5. With the aforesaid liberty, the petition along with pending application(s) stands disposed of as withdrawn. VIVEK CHAUDHARY, J RENU BHATNAGAR, J JULY 9, 2026/pr/my 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 13/07/2026 at 15:15:10