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2015 Supreme(Del) 457

S.RAVINDRA BHAT, R.K.GAUBA
Urmila Kumari – Appellant
Versus
Om Prakash Jangra – Respondent


Advocate Appeared:
For the Petitioner:Rishi Malhotra, B. Veeraswamy Raju, Advocates
For the Respondents:R1, Manju Bhagat for Vineet Bhagat, R2 & R3, Vinod Trisal, Advocates

JUDGMENT:-

R.K. Gauba, J.


1. The petitioner seeks to invoke the civil writ jurisdiction of this court praying for a writ in the nature of certiorari or any other writ for quashing the order dated 28.04.2011 passed by Debts Recovery Appellate Tribunal, New Delhi (hereinafter referred to as ‘the DRAT’) and the subsequent communication dated 30.06.2011 issued in its wake by LIC Housing Finance Ltd. (respondent No. 3) calling upon her to surrender property No. 1735, New Gita Colony, Mirzapur Road, Hissar, Haryana (here-in-after referred to as ‘the subject property’) within a period of three months beginning 28.04.2011.

2. It is necessary to trace the background facts at some length.

3. The first respondent was the owner of the subject property during the relevant period when on 16.05.2003 he, along with another, approached the third respondent (‘the secured creditor’) for a housing loan. The loan of Rs.4,50,000/- was sanctioned against equitable mortgage created in respect of the subject property. The loan amount was re-payable over a period of 15 years with equated monthly installment (EMI) settled at Rs.4,919/-. It has been the case of the borrower (the first respondent) that only an a
























































































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