PUSHPINDER KAUR Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The present special appeals are directed against the common order dtd. 25/4/2023, passed by the learned Single Judge in Writ Petition (M/S) Nos.1201 and 1212 of 2023. The learned Single Judge dismissed the said writ petitions as against the action taken by the District Magistrate, under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'), the writ petitioners had statutory remedy under Sec. 17 of the Act before the Debts Recovery Tribunal. Reliance has been placed by the learned Single Judge on the judgment of the Supreme Court, in the case of Kotak Mahindra Bank Ltd. vs. Girnar Corrugators Private Ltd. and others, (2023) 3 SCC 210.

(2.) The submission of Mr. Patni is that the DRT is not entertaining the appellants' application under Sec. 17 of the Act on the ground that the DRT-II, Delhi does not have the Presiding Officer and the case of the DRT-II, Delhi are being taken up by the Presiding Officer, DRT-III, Delhi, and only urgent matters relating to auction, sale and possession are being taken up. The reason for the same is stated to be that the Presiding Officer, DRT-III, Delhi is handling High Value Matters of Rs.100.00 Crores and above.

(3.) Mr. Patni submits that the SA No.169/2019, moved by the appellants, was adjourned by the Court Master, DRT-II, Delhi, on 24/3/2023.