JATINDER KAUR SAWHNEY vs CANARA BANK AND ORS.

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th MAY, 2025 IN THE MATTER OF: + W.P.(C) 6296/2025 & CM APPL. 28710/2025 (Stay) JATINDER KAUR SAWHNEY .....Petitioner Through: Mr. Parveen Kumar Mehdiratta, Adv. versus CANARA BANK AND ORS. .....Respondents Through: Mr. Hitesh Sachar, Ms. Anju Jain & Ms. Poonam Kumari, Advs. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT (ORAL) SUBRAMONIUM PRASAD, J. 1. The present Writ Petition has been filed by the Petitioner challenging the Order dated 05.05.2025, passed by the Debt Recovery Appellate Tribunal (DRAT) in Misc. Appeal No.67/2025. Vide the said Order, the DRAT has upheld the Order dated 09.04.2025, passed by the Presiding Officer, DRT-II, Delhi, in SA No.129/2025. 2. Shorn of unnecessary details, the facts, leading to the present case, are as under: a. The Petitioner was married to one P.S. Sawhney, son of Respondent No. 2, on 22.12.1996, and has been residing at A-6, Nizamuddin West, New Delhi – 110003 (hereinafter referred to as “subject property”) since her marriage. Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR W.P.(C) 6296/2025 Page 1 of 17 Signing Date:20.05.2025 14:39:23 b. The subject property comprises four floors i.e. Basement, Ground, First, and Second constructed over a plot measuring 646.58 sq. mts. (773.33 sq. yds). The Petitioner has been in occupation and physical possession of the Basement, Ground, and First Floors, which constitute her sole residential residence. c. Two daughters, namely Guneesha Sawhney, aged about 26 yearsand Aaleeesha Sawhney, aged about 19 years, were born out of the said wedlock. The daughters have been residing with the Petitioner at the property since birth. d. The Petitioner is the daughter-in-la