BANK OF MAHARASHTRA vs JAI KUMAR BANSAL

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 12.01.2026 Judgment pronounced on: 20.02.2026 Judgment uploaded on: 20.02.2026 RFA(COMM) 50/2023 and CM APPL. 14354/2023 BANK OF MAHARASHTRA .....Appellant Through: Mr. V.K. Gupta, Adv. versus JAI KUMAR BANSAL .....Respondent Through: Mr. Rohan Garg, Mr. Rohit Dutta, Mr. Shyam Kishor Maurya, Mr. Siddharth Dewalwar and Ms. Ananya Jain, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. Through the present Appeal, the Appellant assails the correctness of the judgment and decree dated 31.01.2023 [hereinafter referred to as the Impugned Judgment] passed by the Commercial Court, whereby the suit filed by the Respondent [Plaintiff before the Commercial Court] was partly decreed in CS(COMM) No.2243/2019. FACTUAL BACKGROUND: 2. The brief facts necessary for the adjudication of the present Appeal are that the Appellant Bank, acting as a secured creditor under 3. On 28.11.2018, the Appellant issued a Public Notice for e- auction of the said properties. The notice unequivocally stipulated that the sale would be conducted on an “As is where is basis”, “As is what