MOHD KASIM vs THE NAINITAL BANK LTD & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 25.04.2025 Judgment pronounced on: 04.06.2025 + W.P.(C) 13954/2018 MOHD. KASIM …PETITIONER Through: Mr. Gaurav Mahajan, Ms. Mehak Joshi and Mr. Kanak Shori, Advocates. versus THE NAINITAL BANK LTD & ANR …RESPONDENTS Through: Mr. R. P. Agarwal, Advocate Ms. Manisha Agrawal, Advocate for R- 1/Bank. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present petition filed under Articles 226 & 227 of the Constitution of India1 assails the Order dated 10.12.2018 passed by the Ld. Debt Recovery Appellate Tribunal2 in Appeal No. 144/2018 in S.A. No. 40/2017 titled as “The Nainital Bank Ltd. vs Mohd. Kasim” whereby the Ld. DRAT set aside the order dated 22.03.2018 passed by 1 Constitution 2 DRAT W.P. (C) 13954/2018 Page 1 of 17 the Ld. Debt Recovery Tribunal3 and upheld the auction sale of one of the Petitioner’s properties conducted by Respondent No. 1 in favour of Respondent No. 2. BRIEF FACTS: 2. The brief facts leading to the present petition are a bit chequered. 3. The Petitioner had availed certain loans from the Respondent Bank and for the same, had mortgaged two properties. Due to non- payment of dues, the loan accounts of the Petitioner were declared Non- Performing Accounts4 and a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20025 came to be issued against the Petitioner on 03.10.2013. 4. Consequent to taking possession of the mortgaged properties by the Respondent Bank, the Petitioner preferred an application bearing S.A. No. 79/2014 before the Ld. DRT. 5. Vide order dated 29.12.2015, the Ld. DRT disposed of the application wi