AI Structured Summary
Not yet generated for this judgment
Judgment
Brijesh Sethi, Chairperson
Misc. Application No.99/2023
This application has been filed by the applicant seeking direction to the learned DRT-I, Delhi to adjudicate and dispose of TSA No. 506/2022 in a time bound manner as provided u/s 17(5) of SARFAES1 Act and vacate the ex-parte stay granted against the applicant herein vide order dated 29.09.2022 by the Ld. DRT-III, Delhi in S.A. No. 366/2022.
Ld. Counsel for applicant states that S.A. No. 366/2022 was listed before Ld. DRT-III, Delhi for the first time on 29.09.2022 and without issuing notice to the applicant restrained the receiver from taking any action under the SARFAESI Act, 2002 against the secured asset till the final adjudication of the S.A. Ld. Counsel further states that by virtue of notification dated 04.10.2022 of Govt. of India, the aforesaid S.A. No. 366/2022 was transferred to Ld. DRT-1, Delhi and has been reregistered as TSA No. 506/2022. Ld. Counsel submits that his matter is not being taken up by Ld. Presiding Officer, DRT-I, Delhi and is getting adjourned repeatedly. Ld. Counsel for applicant the respondents have successfully evaded the recovery proceedings without paying even a single penny to the appellant in discharge of their liabilities. Ld. Counsel, therefore, prays that Ld. DRT-1, Delhi may be directed to hear the matter and dispose of TSA No. 506/2022 in a time bound manner. The next date of hearing is fixed for 05.04.2023.
Heard. The learned Presiding Officer, DRT-1, Delhi, is requested to take up the TSA No. 506/2022 on the fixed date in the matter i.e. 05.04.2023, and if it is not possible to take up the matter on the said date, then let it be taken up immediately thereafter, and dispose of the same on merits as expeditiously as possible in accordance with law.
With the above direction, the application stands disposed of.
File be consigned to record room.
Copy of the order be sent to the learned DRT.