NAVEEN KUMAR Vs. DEBTS RECOVERY TRIBUNAL

JUDGEMENT

(1.) In the present writ petition filed under Article 226/227 of the Constitution of India directions are sought against the respondents not to take physical possession of the shop in question forcibly and illegally from the petitioner. Challenge has also been raised to the order dtd. 12/2/2021 (Annexure P-9) passed by the respondent No.1-DRT, whereby the prayer for interim relief has been denied in a miscellaneous application.

(2.) On 25/11/2020 in CWP No.16311 of 2020 (Annexure R-3/5), it was noticed by the Coordinate Bench that the petitioner had approached this Court and the possession had been delivered to the auction purchaser and the writ petition had been rendered infructuous. The said fact was rather noticed on 11/11/2020 but the counsel for the petitioner had not put in appearance. The said order was reproduced on the next date of hearing i.e. 25/11/2020, which reads as under:-

(3.) It is not disputed that the said order had never been modified and neither the petitioner approached this Court seeking to clarify the fact that the possession had not been taken from him and delivered to auction purchaser. He however chose to approach the DRT on 29/12/2020 (Annexure P-6) wherein an impression was given that he was still in physical possession and accordingly, it was ordered that no cause of action, as such, has accrued in favour of the applicant. The SA was accordingly dismissed as premature. Another application was filed on 12/2/2021 (Annexure P-9) in which the Tribunal further passed an order that prayer of any kind of interim relief is not allowed. Challenging the same, the petitioner came to this Court.