MS SAMRAT SWEETS BAKERY AND RESTAURANT vs OXYZO FINANCIAL SERVICES PVT LTD AND ORS

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12.11.2025 + W.P.(C) 13175/2025, CM APPL. 54009/2025, CM APPL. 54771/2025, CM APPL. 54785/2025, CM APPL. 56138/2025 and CM APPL. 54009/2025 MS SAMRAT SWEETS BAKERY AND RESTAURANT .....Petitioner Through: Mr. Surender Chauhan, Adv. versus OXYZO FINANCIAL SERVICES PVT LTD AND ORS .....Respondents Through: Mr. Nitesh Goyal, Adv. Ms. Anumeha Singhai, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. The present Petition, filed by the Petitioner under Article 226 read with 227 of the Constitution of India, assails the correctness of the order dated 27.08.2025 passed by the learned Debts Recovery Appellate Tribunal, Delhi [hereinafter referred to as „DRAT‟] in D.N. No.1308/2025. 2. On 08.09.2025, the following order was passed by this Court– “1. On 28.08.2025, this Court passed the following order: “W.P.(C) 13175/2025 & CM APPL. 54009/2025 (For Stay) 3. The present Writ Petition, filed under Section 226 read Signature Not Verified Signed By:JAI NARAYAN Signing Date:13.11.2025 12:39:25 with Section 227 of the Constitution of India, assails the correctness of Order dated 27.08.2025 (order is not available) passed by learned Debts Recovery Appellate Tribunal [“DRAT”], wherein the Petitioners Interim Application for waiving/pre-deposit of court fee came to be dismissed. 4. Issue notice. 5. Learned counsel for the Respondents enters appearance and accepts notice. 6. Learned counsel for the Parties are ad idem that learned DRAT permitted the Appellant (Petitioner herein) to deposit 40% of the dues, which is a pre-condition for entertaining the Appeal. 7. Since the copy of the order has not been uploaded, hence, this Be