HC: a batch of Writ Petitions seeking relief against a private Bank in cases where the Builder/Developer has failed to deliver possession, are not maintainable
04 Sep 2023
- Matter Reporting
The Division Bench of the Hon’ble Delhi High Court has recently, by way of a Judgment delivered on 10 August 2023, held that a batch of Writ Petitions seeking relief against a private Bank in cases where the Builder/Developer has failed to deliver possession, are not maintainable.
The Hon’ble Court held that since the rights claimed by the Petitioners flowed from private contracts and each of the cases also involved complex and disputed questions of fact, the High Court is not the appropriate forum to adjudicate the disputes. Additionally, it was observed that the Petitioners were not without recourse, as they had other avenues to pursue their grievances before various fora.
Our Litigation Partner, Kuber Dewan, along with Neeharika Aggarwal, Counsel and Kaustubh Srivastava, Associate, appeared on behalf of the Respondent Bank.