AI Structured Summary
Not yet generated for this judgment
Judgment
Sh. Rishabh Malik, Advocate for respondent no. 1 stated that the auction of the subject property has already been conducted but sale certificate has not been issued in favour of the auction purchaser and the possession of the subject property is still with the respondent no.1.
Sh. Anand Aggarwal, Advocate for appellant stated that the challenge in the present appeal to the order dated 13.02.2023 passed by DRT-I, Delhi whereby the I.A. No. 612/2023 filed by the appellant was ordered to be disposed of.
DRT-I, Delhi vide impugned order dated 13.02.2023 has directed the respondent no.1 to proceed with the auction sale which is scheduled to be held on 27.01.2023 as per the law but restrained the respondent no.1 from issuing sale certificate in favour of the auction purchaser without prior permission of the Tribunal.
Sh. Rishabh Malik, Advocate for respondent no. 1 stated that in compliance of order dated 13.02.2023 although the auction was conducted, but the sale certificate was not issued in favour of the auction purchaser.
Sh. P.S Dwivedi, Advocate who appeared on behalf of the auction purchaser stated that the auction purchaser has already deposited the entire sale consideration with the respondent no. 1 within time.
Sh. Anand Aggarwal, during the course of arguments referred the order dated 20.10.2022 whereby the DRT-I, Delhi had restrained the respondent no. 1 from taking the physical possession of the subject property till the next date of hearing subject to the deposition of Rs.5 lakhs by the appellant on 20.10.2022 before 3 pm. Sh. Anand Aggarwal, Advocate for appellant stated that the appellants have complied with the said direction and deposited the amount of Rs. 5 lakhs with the respondent no. 1 on 20.10.2022 which was also recorded in para 7 of the impugned order dated 13.02.2023.
As the respondent no. 1 in terms of order dated 13.02.2023 has conducted the sale of the subject property but has not issued sale certificate to the auction purchaser, the present appeal is disposed of with the direction to the DRT to hear the arguments on 08.06.2026, the date already fixed, or any subsequent date fixed by DRT-I, Delhi for hearing final arguments. It is expected that DRT-I, Delhi shall decide the S.A. bearing No. 497/2022 without any delay and the concerned parties shall not be seeking any adjournment without any justified reason.
The appellant shall be entitled for the refund of pre-deposit amount along with accrued interest as per law.