ASHISH KUMAR Vs. TATA CAPITAL FINANCIAL SERVICES LTD.

JUDGEMENT

(1.) An affidavit has been filed on behalf of the petitioner evidencing service of notice of the writ petition along with the documents having been served upon the respondent No.1. Learned counsel for the respondent No.1 puts appearance today as well.

(2.) Having heard the learned counsels for the parties and in continuation of previous order dtd. 21/8/2024, the petitioner is invoking writ jurisdiction of this Court for issuance of appropriate writ, order or directions against the respondent No.1 with regard to the property in question seeking quashing of the notice dtd. 2/8/2024 issued by Court Receiver in terms of order dtd. 26/7/2024 of the learned Chief Judicial Magistrate, South-West, Dwarka Courts, New Delhi ['CJM'] in the proceedings under Sec. 14(2) of the SARFAESI Act 'Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002".

(3.) At the outset, learned counsel for the respondent No.1 has urged that this Court has no jurisdiction to pass any directions primarily for the fact that the writ petition is filed against an NBFC 'Non-Banking Financial Company', for which he has invited reference to decision by the Supreme Court in the case of Phoenix ARC Private Limited v. Vishwa Bharati Vidya Mandir (2022) 5 SCC 345.