Mahenta PD & Ors vs Authorised Officer, Bajaj Finance Ltd

Brijesh Sethi, Chairperson

This matter has been taken up by me through Video Conferencing.

Misc. Application No.134/2023

This application has been filed by the applicants seeking direction to the learned DRT-II, Delhi to hear the applicants' I.A. (filed vide Dy. No.388/2023) in S.A.  No.75/2023    titled as "Mahenta  PD & Ors.  vs,  Bajaj  Finance  Ltd." at the earliest as the  physical  possession  of the  property is  going  to  be taken  over tomorrow, i.e. 24.03.2023. In the alternative, it has been prayed that the S.A. may be transferred to DRT-I, Delhi for hearing  the above application.

The learned counsel for the applicants states that the possession of the property in question is going to be taken over by the Receiver appointed by the learned CMM on 24.03.2023.     Learned counsel  submits that aggrieved  by the actions of the bank, the applicants have filed an S.A. in respect of the property question.  He further submits that the after receipt of the Receiver's notice, the applicants  have   also  filed  an   I.A.  vide   Dy.   No.388/2023  for  restraining  the Receiver  and  the  authorised   officer  of  the  respondent  from  taking  physical possession of the property in question, which is also pending.    Learned counsel for the  applicants  further  states  that  since  the  learned  DRT-II,  Delhi  has  no regular Presiding Officer and its additional charge has been given to the learned Presiding  Officer,   DRT-III,  Delhi,  his  matter  is  not  being  taken  up.  Learned counsel for the applicants submits that the next date fixed in the matter before the learned DRT is 21.04.2023.  In these circumstances, the learned counsel prays that the learned Presiding Officer, DRT-III, Delhi, who is holding additional charge of DRT-II, Delhi, may be directed to take up the above I.A. of the applicant and decide the same at the earliest.

Heard.  The  learned  Presiding  Officer,   DRT-III,  Delhi,  who  is  holding additional charge of learned DRT-II, Delhi, is requested to take up the applicant's

I.A. filed vide  Dy.  No.388/2023  in S.A.  No.75/2023 at 2  p.m. today and  pass appropriate orders 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.