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Judgment
The appellants have filed S.A. bearing No.72/2024 titled as Naresh Kumar Jangid & anothers v. Karnataka Bank Limited & others which is stated to be pending before DRT-I, Delhi. The DRT-I, Delhi vide impugned order dated 23.02.2024 has declined the prayer of the appellants for restraining the respondent no.1 from taking physical possession of the subject property and preferred to proceed further with the trial of S.A.
Ms. Aishwarya Dobhal, Counsel for the appellants stated that the appellants are the bona fide purchaser of the subject property having registered sale deed dated 11.02.2022 and are in possession of the subject property. The appellants have nothing to do with the loan transaction stated to be advanced by the respondent no.1 to the actual borrower. In these circumstances, the Counsel for the appellants prayed that the impugned order dated 23.02.2024 be set aside and the respondent no.1 be restrained from taking physical possession of the subject property.
It is reflecting from the impugned order that the respondent no.1 has contended before the DRT that valid mortgaged was created in respect of entire property since 09.03.2012 due to loan facility granted to the borrower/guarantor/mortgagor and the respondent no.1 has taken the legal measures as per the provision of SARFAESI Act.
The DRT-I, Delhi in impugned order dated 23.02.2024 observed that the respondent no.1 is having prior charge over the subject property and the title documents were in respect of the subject property also deposited with the respondent no.1 as such prima facie case in favour of the respondent no.1 is made out.
The appellants are claiming to be a bona fide purchaser of the subject property and in continuous possession of the subject property on the basis of registered sale deed dated 11.02.2022. The possession of the appellants being the bona fide purchasers are entitled to be protected. Moreover, none has appeared on behalf of respondent no.1 to put forward the case of the respondent no.1 bank.
After considering all facts, the impugned order dated 23.02.2024 is modified to the extent that till the disposal of S.A. bearing No.72/2024, the respondent no.1 bank shall not take the possession of the subject property from the appellants. The present appeal is accordingly decided along with pending applications, if any.
It is expected that DRT-I, Delhi shall decide the S.A. bearing No. 72/2024 as early as possible without any unnecessary delay.