SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Del) 1973

PRADEEP NANDRAJOG, MUKTA GUPTA
SWARAJ KISHORE ARORA – Appellant
Versus
INDIAN BANK – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjiv Kakra, Advocate with Mr. Amrendra Kr. Singh and Mr. Bheem Sain Jain, Advocates for the objector.
For the Respondent:Mr. P.S. Narasimha, ASG (Amicus Curiae) instructed by Mr. Arshid Anand and Mr. Irom Denning, Advocates.
Mr. Rakesh Tiku, Sr. Advocate instructed by Ms. Seema Gupta, Advocate for R-1.
Mr. Anil K. Khaware, Advocate with Mr. Abhinav Mishra, Advocate for auction purchaser.

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. A common question of law concerning the power of the Recovery Officer, while executing orders passed by the Debts Recovery Tribunal under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the Act) wherein the bank or a financial institution has obtained a right to recover the debt, as determined by the Debts Recovery Tribunal from the borrower and the guarantors, to proceed against a property held to be mortgaged with the bank or the financial institution to which objections are filed by third parties, claiming an interest in the property, arise for consideration in the above captioned writ petitions and therefore though the factual matrix of the four writ petitions are slightly different they are being decided by a singular order.

2. The above captioned writ petitions relate to different floors of the same building built on plot bearing municipal No.7/3 Old Rajinder Nagar, New Delhi.

3. The admitted position concerning the building on plot bearing municipal No.7/3 Old Rajinder Nagar, New Delhi is, that the Government of India, through the Land and Development Office, granted perpetual l
























































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top