Delhi High Court Orders Mamta Goyal vs Union Of India & Ors on 13 December, 2021 $~50 (2021 Cause List) * + W.P.(C) 14196/2021 MAMTA GOYAL ..... Petitioner Through: Mr. Vinit Trehan, Mr. Gagan Narang and Mr. Aditya Trehan, Advocates. versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Bhagwan S Shukla, CGSC with Mr. Anshuman, GP, Advocate (Mobile No. 9910483635) for R 1/UOI. HON'BLE MR. JUSTICE PRATEEK JALAN ORDER % 13.12.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing]. CM APPL. 44751/2021 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of. W.P.(C) 14196/2021 1. The petitioner purchased a property from the respondent No. 3 Punjab National Bank ["the Bank"] in an auction held under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ["SARFAESI Act"] on 22.08.2019. She Signature Not Verified SHITU NAGPAL W.P.(C)14196/2021 Page 1 of 5 deposited a sum of approximately ₹1.03 crores, being 25% of the auction price, as required. 2. The borrower who had placed the property as a security with the Bank [arrayed in this writ petition as the respondent No. 2], filed proceedings under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal ["DRT"]I, Delhi, assailing the auction. The auction came to be quashed by an order of the DRTI, Delhi dated 04.09.2019, and a subsequent auction was held, in which a third party was successful. The matter was carried by the petitioner herein to the Debts Recovery Appellate Tribunal ["DRAT"] and then to this Court. Before this Court, the successful bidder in the second auction sought to withdraw her bid. A Division Bench of this Court disposed of the writ petition by an order dated 19.12.2019, permitting her to withdraw her bid and relegating the parties to the DRT. The matter remains pending before the DRT since then. 3. In the meanwhile, the Bank has sought to forfeit the amount deposited by the petitioner. The petitioner has filed interlocutory applications before the DRT and also sought early hearing. 4. The present petition under Article 226 of the Constitution has been filed as the DRTs in Delhi are presently without Presiding Officers. The relief sought in this petition is as follows: "a) Pass a Writ, Order or Direction in the nature of Mandamus to Respondent No.1 for permanent appointment and filing up of vacancies of Presiding Officer in the Ld. Debt Recovery Tribunal1, Delhi, and furthermore directing timely & urgent adjudication of the Petitioner's applications (1A no. 420/20 & 533/20) filed before the Ld. Debt Recovery Signature Not Verified SHITU NAGPAL W.P.(C)14196/2021 Page 2 of 5 TribunalI, Delhi in SA No. 174 of 2019, being within a period of 3 (three) months': OR, IN ALTERNATIVE b) Pass a Writ, Order or Direction in the nature of Mandamus or seeking transfer of IA no. 420/20 & 533/20 in SA No. 174 of 2019 pending before the Ld. Debt Recovery TribunalI, Delhi along with the complete records of SA No. 174 of 2019 to Ld. DRT. Chandigarh/Jaipur for adjudication of the same within a period of 3 (three) months. OR, IN ALTERNATIVE c) Pass a Writ, Order or Direction in the nature of Mandamus or any other appropriate writ, directions to the Respondent no.3 to confirm the first auction in favour of the Petitioner and accordingly issue sale certificates to the Petitioner after receipt of balance/pending amount. OR, IN ALTERNATIVE d) Pass a Writ, Order or Direction in the nature of Certiorari to quash the forfeiture letter dated 28.02.2020 issued by the Respondent No.3 Bank and to further direct the Respondent No.3 Bank to refund the initial money deposit paid by the Petitioner (being Rs. 103.64 lakh) along with reasonable interest. And e) Pass such other or further order (s), a