RAJNISH GUPTA vs LIC HOUSING FINANCE LTD

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th April, 2026 + W.P.(C) 8654/2023, CM APPL. 32800/2023, CM APPL. 60412/2025 & CM APPL. 17375/2026 RAJNISH GUPTA .....Petitioner Through: Mr. Karan, Advocate. versus LIC HOUSING FINANCE LTD .....Respondent Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. Sanjy Kumar and Mr. Jishnu Bhardwaj, Advocates. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed under Article 226 of the Constitution of India, assailing the impugned order dated 26th May, 2023, on the application under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFESI) passed by the Court of Chief Metropolitan Magistrate (Central), in MA No. 67/2023. 3. Heard. Record perused. 4. The relevant portion of the impugned order dated 26th May, 2023 reads as under: Signature Not Verified Signed By:VAISHALI W.P.(C) 8654/2023 Page 1 of 3 CHAUHAN Signing Date:25.04.2026 11:03:30 “9. The property (secured asset) is an immovable property described as “property bearing No.03, Khasra No.78/31, Block D, Municipal No. XIV/11163, New Rohtak Road, Karol Bagh, Delhi110005”. 10. The description is same in security agreement and the title documents. It is within territorial jurisdiction of this court. It is stated to be in the name of respondent. The description is same in security agreement and the title documents. The original sale deeds and copies of previous chain of documents in respect of said property are with the petitioner thereby creating an equitable mortgage. The amount due is not less than twenty percent of the principal amount and interest as per clause