CANARA BANK(ERSTWHILE SYNDICATE BANK) vs KARISHMA ENTERPRISES AND ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27.10.2025 Judgment pronounced on: 06.12.2025 W.P.(C) 6494/2016 & CM APPL.4295/2025 CANARA BANK (ERSTWHILE SYNDICATE BANK) ...Appellants Through: Ms. Anju Jain, Mr. Hitesh Sachar, Mr. Dev Inder Singh & Ms. Deeksha Kingrani, Advs. versus M/S KARISHMA ENTERPRISES & ORS. .....Respondents Through: Mr. Pulkit Aggarwal, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Petition, filed by the Petitioner, assails the correctness of the order dated 02.03.2016 [hereinafter referred to as “Impugned Order”] passed by the learned Debts Recovery Appellate Tribunal [hereinafter referred to as “DRAT”], Delhi, in Appeal No. 37/2016, titled M/s Karishma Enterprises & Anr. v. Syndicate Bank & Anr. 2. The issue that arises for consideration in the present petition is whether the learned DRAT erred in failing to appreciate the prior conduct and explicit consent of Respondent Nos.1 and 2 to the sale of the mortgaged property as duly recorded in the learned Debt Recovery 2014. FACTUAL MATRIX: 3. In order to comprehend the issues involved i