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Judgment
The present application is filed under Section 17 (6) of the SARFAESI Act for seeking direction to the DRT-II, Delhi to decide T.S.A No. 145/2023 in a time bound manner preferably within a period of one month from the next date of hearing. It is stated that Misc. Appeal No. 261/2023 arising out of SA No. 138/2020 which is stated to be pending before DRT-I, Delhi.
The appellant filed W.P.(C) No. 3029/2024 before the High Court of Delhi and vide order dated 29.02.2024, a direction was issued to this Tribunal to decide the Appeal bearing No. 261/2023 as expeditiously as possible, preferably within a period of three months from the next date of hearing. This Tribunal vide order dated 08.04.2024 disposed of the Misc. Appeal No. 261/2023 by giving direction to the DRT-I, Delhi to dispose the S.A. bearing No. 138/2020 expeditiously after hearing the counsel for the parties. This Tribunal vide order dated 16.05.2024 again directed the DRT-II, Delhi to take up the T.S.A No. 145/2023 on 21.05.2024 and dispose of the said S.A. in accordance with law after hearing the parties.
The Counsel for the appellant stated that since the directions were issued vide orders dated 08.04.2024 and 16.05.2024 two years have elapsed but the S.A. bearing No. 138/2020 (now TSA No. 145/2023) has not been decided expeditiously.
In view of the directions given by this Tribunal vide orders dated 08.04.2024 and 16.05.2024, the DRT-II, Delhi is directed to decide the S.A. now bearing T.S.A. No. 145/2023 preferably on or before 30.09.2026. The application stands disposed of.
Copy of this order be sent to DRT-II, Delhi for information and compliance.
