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Judgment
Sh. Dhananjaya Kumar Singh, Counsel for appellant stated that the appellant being the third party is not required to make pre-deposit. The appellant is stated to be the bona fide purchaser of the subject property.
In view of these submissions, the appellant is not required to make pre-deposit.
The appellant is claiming that he has purchased the subject property from respondent no.2 vide registered sale deed dated 30.07.2020 and he has nothing to do with the loan transaction of subject matter in the present appeal.
The respondent no.3 stated to have availed the credit facility amounting to Rs.15.00 lacs vide sanction letter dated 27.09.2018 and the subject property being Upper Ground Floor of the property bearing No.1/6206 (LHS Flat at UGF/FF, Entire SF), Khasra No. 1794/764/350, Village Sikdarpur Gali No.2, East Rohtash Nagar, Illaka Shahdara, Delhi-110032 was stated to have been mortgaged against the credit facility.
The respondent no.2 was stated to be owner of the subject property. The appellant claimed that he has purchased the subject property from respondent no.2 vide registered sale deed dated 30.07.2020 on consideration, and as such, claimed to be the bona fide purchaser of the subject property.
The appellant pleaded that he has received the possession notice dated 11.09.2024. The appellant being aggrieved filed the S.A. bearing No. 365/2024 titled as Saurabh Lamba v. IDFC First Bank Limited. Sh. Dhananjaya Kumar Singh, Counsel for the appellant also stated that the respondent no.1 has already taken possession of the subject property on 28.05.2026. The appellant filed interim application bearing I.A. No. 1303/2026 for restraining the respondent no.1/ court receiver for taking the physical possession of the subject property which was ordered to be dismissed vide impugned order dated 27.05.2026. The appellant being aggrieved filed the present appeal.
Sh. Dhananjaya Kumar Singh, Counsel for appellant stated that appellant is having the complete chain of documents in respect of the subject property and the subject property was not validly mortgaged with the respondent no.1. The respondent no.2 who is claiming to be the owner of subject property stated that he has never mortgaged the subject property to respondent no.1.
The Counsel for the respondent no.1 stated that the respondent no.1 has already taken the possession of subject property but shall not put the subject property to auction till the disposal of S.A. bearing No. 365/2024 which may be ordered to be decided in the time bound manner by DRT-I, Delhi.
In view of the submissions made by the Counsel for respondent no.1, the present appeal is disposed of with the direction to respondent no.1 not to put the subject property being Upper Ground Floor of the property bearing No.1/6206 (LHS Flat at UGF/FF, Entire SF), Khasra No. 1794/764/350, Village Sikdarpur Gali No.2, East Rohtash Nagar, Illaka Shahdara, Delhi-110032 to auction till the disposal of S.A. bearing No. 365/2024 or unless and until permitted by the DRT or any other adjudicatory authority.
The DRT-I, Delhi under given facts and circumstances is directed to dispose of S.A. bearing No. 365/2024 within a period of six months from the date of receipt of this order. The appeal is accordingly disposed of.
The copy of this order be sent to DRT-I, Delhi for information and compliance.