SHRI RAM HOUSING FINANCE LTD vs ROSHINI DEVI

Judgment text excerpt

$~P-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29.10.2025 Pronounced on: 24.12.2025 Uploaded on:24.12.2025 + C.R.P. 158/2024 SHRI RAM HOUSING FINANCE LTD .....Petitioner Through: Mr. Shahrukh Inam, Advocate. versus ROSHINI DEVI .....Respondent Through: Mr. Satish Kumar Paanchal, Ms. Babita Paanchal and Mr. Karan Paanchal, Advocates. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. The petitioner is arrayed as defendant No. 5 in CS SCJ/851/2022, pending before the JSCC/ASCJ/GJ, Patiala House Court, Delhi [“Trial Court”]. By way of the present revision petition under Section 115 of the Code of Civil Procedure, 1908 [“CPC”], it assails an order dated 01.04.2024 passed by the Trial Court in CS SCJ/851/2022, dismissing its application under Order VII Rule 11 CPC, for rejection of the plaint. The said application was preferred on the ground that the suit is barred under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [“SARFAESI Act”]. Signature Not Verified Signed By:DAMINI C.R.P. 158/2024 Page 1 of 22 YADAV Signing Date:24.12.2025 17:33:23 A. FACTS 2. The transactions between the parties arise out of a loan agreement dated 24.12.2020 executed between the petitioner and late Mr. Mahavir Singh, as the primary borrower, alongwith his son, Mr. Gaurav Tanwar, and his wife, Ms. Roshni Devi, as co-borrowers [“the borrowers”]. The respondent herein, who is the plaintiff in the suit, is the wife of late Mr. Mahavir Singh and the mother of Mr. Gaurav Tanwar. 3. Under the said loan agreement, a sum of Rs.64,33,968/- was sanctioned, repayable in 144 monthly instalments of Rs.92,464/- each. The loan was secured by a mortgage created over an immovable property bearing No. WZ-144, measuring 83⅓ sq. yds