HOUSING DEVELOPMENT FINANCE CORPORATION LTD vs PANKAJ SAINI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 20th Feburary, 2026 Pronounced on: 13th May, 2026 + RFA 195/2021, CM APPL. 48521/2024 HOUSING DEVELOPMENT FINANCE Corporation Limited The Capital Court, Olof Palme Marg, Munirka, New Delhi .....Appellant Through: Mr. Sourav Kumar Jena, Advocate Versus MR. PANAKJ SAINI S/o Shri Sat Prakash Saini Pocket - F 23/C, GTB Enclave, New Delhi - 110093. .....Respondent Through: Mr. Anil Kumar Sharma and Mr. Manish Jain, Advocates CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular First Appeal under Order XLI Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as „CPC‟) has been filed against the Judgment and decree dated 14.11.2019, whereby the Suit filed by the Plaintiff for Recovery of Rs. 50,52,340/- along with Pendente lite and interest @ 18% p.a., was dismissed. 2. The Plaintiff/Appellant had filed CS No. 57928/16 for Recovery of Rs. 50,52,340/- along with Pendente lite and interest @ 18% p.a. 3. The brief facts, as per Plaint, are that the Plaintiff Company is duly incorporated under the Companies Act, and is engaged in the business of RFA 195/2021 Page 1 of 15 Signature Not Verified Signed By:VIKAS ARORA Signing Date:13.05.2026 17:37:42 granting loans, especially in the category of housing loans and commercial loans. The Defendant approached Plaintiff Company for purchasing a flat in a housing project. The Plaintiff company, after appraising the request, sanctioned a sum of Rs. 52,00,000/- as loan to the Defendant, for the purchase of property i.e. Shubhkamana Homes Tower, D3, Unit D3/C-9, 9th floor, GH - 05, Sector - 137, Noida Expressway 201301. It was under the Plaintiff company’s variable rate (Resident) Home Loan Scheme. 4. A