INDU NARAIN vs STATE BANK OF INDIA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 27.05.2025 + W.P.(C) 1627/2020 & CM APPL.12696/2025 INDU NARAIN .....Petitioner versus STATE BANK OF INDIA & ORS. ....Respondents Advocates who appeared in this case For the Appellant : Mr. M. Batta, Sr. Advocate with Mr. Vivek Malik & Mr. Vivek Sinaha, Advocates. For the Respondent : Mr. Jai Mohan, Mr. Aayush Gupta, Advocates for R-1/SBI. Mr. Gaurav Kakar, Mr. Nishant Anand, Advocates for R-2 to 5. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The Petitioner has filed the present petition challenging the order dated 23.12.2019 passed by the learned Debts Recovery Appellate Tribunal, Delhi (‘DRAT’) in Misc. Appeal No.340/2019 and order dated 02.04.2019 passed by the learned Debts Recovery Tribunal-II, Delhi (‘DRT-II’) in Securitisation Application No. 65/2019 (‘impugned orders’). W.P.(C) 1627/2020 Signature Not Verified Page 1 of 23 Signed By:NEELAM SHARMA Signing Date:27.05.2025 15:50:05 2. The Petitioner has assailed the impugned orders on the ground that the learned DRAT and DRT-II failed to consider that the Petitioner had made payment towards entire NPA amount to Respondent No.1 bank pursuant to letters dated 11.09.2015 and 23.03.2016. It is the Petitioner’s case that she was neither a guarantor nor a mortgagor in respect of the property being the First Floor, C-140, Defence Colony, New Delhi- 110024 (‘the property’). Despite that, the Petitioner received a notice dated 16.02.2019 from a Court Receiver appointed by Respondent No.1 bank. 3. The Petitioner preferred a securitisation application against the said notice before the learned DRT-II. However, the learned DRT-II declined to grant interim relief vide order dated 02.04.2019 and directed Resp