2025 (3) TMI 112

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....For the Respondent : Mr. Sanjiv Kakra, Senior Advocate with Mr. Akash Madan, Advocate for respondent No.1. Mr. Arnav Kumar, CGSC with Ms. Saumya Kapoor, Advocate for UOI. JUDGEMENT MANMOHAN, CJ: (ORAL) 1. Present writ petition has been filed under Articles 226 & 227 of the Constitution of India, 1950, challenging the order dated 29th July, 2024 passed by the DRT-II, Delhi in S.A. No.243/2024 a....

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....d Enforcement of Security Interest Act, 2002 (for short 'SARFAESI'). 3. He states that the respondent no.4/brother of the petitioner took advantage of the opportunity and lacunae in provisions of SARFAESI Act, to usurp the share in the property of his sister and the officials of the respondent no.1/bank, supported him by concealing the SARFAESI proceedings from her. 4. He states that the subject....

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....he SARFAESI Act was not served upon the petitioner and the same was concealed from her by the respondent no.4/brother. He points out that as per the possession notice dated 29 th July, 2024, the subject property measures 938 square yards. He, however, states that in the auction/sale notice dated 24th October, 2024, it has been stated that the subject property measures 760 square yards. He alleges ....

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.... post the creation of the mortgage. This submission alongwith the contention that her share in the said property cannot be put to auction by the bank are all disputed questions of facts which can only be adjudicated by DRT or DRAT. It is apparent from the submissions that the petitioner has stepped into the shoes of the borrower as she is claiming her rights upon the mortgaged property. It is also....