High CourtsDivision Bench(2017) 09 DEL CK 0259

Dimple Kapoor vs ICICI Bank

Delhi High Court · Decided on 20 September 2017

HON’BLE JUDGES
Hima Kohli, J · Deepa Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 8402 Of 2017, Civil Miscellaneous Application No. 34579, 34580 Of 2017

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Judgment

11 paragraphs · 222 words
1.

The petitioner is aggrieved by the order dated 30.08.2017, passed by the learned DRAT in Misc. Appeal No. 365/2017 filed by the respondent/Bank

against the order dated 23.08.2017, passed by the DRT-II, Delhi whereunder her application for seeking release of the vehicle on superdari was

allowed on a conditional basis.

2.

We have enquired from learned counsel for the parties to inform us about the status of the impleadment application filed by the petitioner before the

DRT-II. They state that the said application is still pending and is listed on 09.10.2017, for appropriate orders. In view of the pendency of the said

application, we decline to entertain the present petition till appropriate orders are passed by the DRT-II. In view of the above, the impugned order

dated 30.08.2017, passed by learned DRAT does not deserve interference, till the pending impleadment application is disposed of by the DRT.

3.

It is clarified that if the impleadment application filed by the petitioner is allowed, then she shall be entitled to file a fresh application before the

DRT-II for release of the vehicle, which shall then be decided on merits, uninfluenced by the earlier orders passed by the DRT-II and the impugned

order passed by the DRAT.

4.

In view of the above, the present petition along with the pending applications stand disposed of.