Delhi HC Decides on Reoccupation of Securitized Property Amid Lockdown

The Delhi High Court passed an order in a writ petition seeking permission to allow the petitioner’s family to reoccupy a floor of the property securitized by IIFL Home Limited. The petitioner challenged the order of Debt Recovery Tribunal which allowed him reoccupation upon by depositing Rs. 10 Lakh.

Mr Neeraj Sharma, counsel for the petitioner, presented an undertaking before the court that within one month of the lifting of lockdown, he will settle the amount fully or partially with the respondent. However, Ms Bindu das, counsel for the respondent, opposed the claims saying the petitioner has a history of making false claims and promises. She further stated that the petitioner is already in default of the concession granted by the tribunal and should not be granted any further concession.

Considering the present situation of the COVID-19 lockdown, the court allowed the petitioner to reoccupy the first floor of the securitized property. The court also clarified that this measure would purely be interim and said the petitioner is not entitled to any rent from the other floors. Justice Rajiv Sahai Endlaw and Justice Manoj Kumar Ohri further made it clear that they will not let anyone else in said the first floor and shall not use any other portion of the property. The court also made it clear that the said floor of the property should be vacated after one month of the lockdown without any obstructions.

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