TARAWATI Vs. BANK OF INDIA

JUDGEMENT

(1.) CM 15443/2017 (exemption) Subject to the petitioners filing the certified/typed/legible copies of the documents annexed with the petition within four weeks, the application is allowed and disposed of. W.P.(C) 3540/2017 The petitioners are aggrieved by the action of the respondent No.1/Bank of India of approaching the Receiver appointed by the learned CMM vide order dated 28.2.2017, in Application No. 150/1/16, filed by the respondent No.1/Bank for taking over physical possession of their residential premises RZ-48, Street No.1, Nasirpur, Durga Park, Delhi.

(2.) Learned counsel for the petitioners states that aggrieved by the action of the respondent No.1/Bank of insisting on taking over the physical possession of the subject premises through the Receiver, the petitioners had filed an application (SA No. 66/2017) before DRT-II, Delhi with a stay application on which notice was issued to the respondent/Bank, for 04.5.2017.

(3.) A perusal of the order dated 04.5.2017 passed by the DRT-II reveals that learned counsel for the respondent No.1/Bank was present before said forum and he was called upon to file a reply. Hearing on the interim application has been adjourned to 04.5.2017, but the DRT-II appears to have declined granting any interim relief to the petitioners.