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2013 Supreme(Del) 1526

S.MURALIDHAR
Ritu Gupta – Appellant
Versus
Usha Dhand – Respondent


Advocate Appeared:
For the Plaintiffs:Gaurav Mitra, Ms. Samreen, Vijayender Kumar, Ms. Megha Berniwal, Advocates.
For the Defendants:D4, Hashmat Nabi, Sanjeev Gupta for Bank of Baroda, Suresh Arora for Syndicate Bank, Sarfaraz Khan for UCO Bank, Advocates.

Judgment :

IA No. 6970 of 2011 (by Defendant 5 for condonation of delay)

1. For the reasons stated therein, the application is allowed. The delay in Defendant No.5 filing the written statement by is condoned.

IA Nos. 6546-47 of 2011 (Order VII Rule 11 CPC by Defendants 5 and 4)

2. These are two applicationsfiled by the Defendant Banks, seeking rejection of the plaint on the ground that there is a bar under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) to entertaining the suit.

3. The background to these applications is that the above suit has been filed by Ms. Ritu Gupta and Ms. Kavita Verma, Plaintiffs 1 and 2 against, Ms. Usha Dhand, Defendant No.1, Mr. Naveen Kapoor, Defendant No.2, Mr. Akash Deep Kapoor, Defendant No.3, PNB Housing Finance Limited (‘PNBHFL’), Defendant No.4, Syndicate Bank, Defendant No.5, Sub-Registrar-VIII, Shakarpur, Delhi, Defendant No.6, Bank of Baroda (‘BoB’), Defendant No.7 and UCO Bank, Defendant No.8 for a declaration that the Plaintiffs are the rightful owners of the property at J-2/9, Krishna Nagar, Delhi-110 051 measuring 114 sq. yds. (‘the suit property’),



















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