TRUEVALUE MARKETING SERVICES PRIVATE LIMITED & ANR. vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 02.12.2025 Judgment pronounced on: 23.12.2025 Judgment uploaded on: 23.12.2025 + W.P.(C) 18257/2025, CM APPL. 75549/2025, CM APPL. 75550/2025 & CM APPL. 75551/2025 TRUEVALUE MARKETING SERVICES PRIVATE LIMITED AND ANR. ….Petitioners Through: Mr. Rajeeve Mehra, Sr. Adv. along with Mr. Samyak Bilala, Advocate versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Premtosh K. Mishra, CGSC along with Mr. Anurag Tiwari, Mr. Prarabhdh Tiwari and Mr. Shrey Sharma, Advocates for R-1/UoI. Mr. Vipin Jai and Mr. Ujjwal Goel, Advocates for R-5/BoI CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present petition, the Petitioners (the Auction Purchasers of the properties located in Mumbai and Chennai) assail the correctness of the order dated 08.04.2025 [hereinafter referred to as ‘Impugned Order’] passed by the learned Presiding Officer, Debts Recovery Tribunal [hereinafter referred to as ‘DRT’] -II, Delhi against Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:23.12.2025 W.P.(C) 18257/2025 Page 1 of 13 12:42:06 which a statutory Appeal is maintainable before the Debts Recovery Appellate Tribunal [hereinafter referred to as ‘DRAT’]. 2. The limited issue before this Court is whether the Petitioners, despite the availability of a statutory appeal, have been rendered remediless on account of administrative and procedural impediments, warranting exercise of writ jurisdiction to facilitate access to the appellate forum. 3. The Impugned Order primarily: i. Transferred the execution of the Recovery Certificate dated 29.08.2017 to the Debts Recovery Tribunals in Mumbai and Chennai; ii. Entertained a Miscellaneous Applica