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2020 Supreme(Del) 313

PRATHIBA M.SINGH
Madan Lal Chawla – Appellant
Versus
Allahabad Bank – Respondent


Advocates Appeared:
For the Petitioner:Mr. A. Maitri, Ms. Radhika and Mr. Sekhar, Advocates
For the Respondent:Mr. Anil Kumar Singh, Advocate for Mr. Sonal Anand and Mr. Aayush Sai, Advocate.

JUDGMENT :

Prathiba M. Singh, J.

1. The present petition has been filed challenging the impugned order dated 12th September, 2019 passed by the Chief Metropolitan Magistrate (CMM) giving effect to orders passed by the Debts Recovery Tribunal (DRT) under Section 14 of the SARFAESI Act, 2002 seeking assistance of the Court for taking possession of the secured asset.

2. The brief background is that the property bearing No. 842-843 (Old), New No. 580-581 situated at Chatta Chah Shirin Farashkhana, Shradhananad Market, Delhi was sold to Respondent Nos. 3 and 4 - Mr. Sanjay Kapoor and Mr. Nitin Chawla who are partners in Respondent No. 2 firm - M/s Sai Sales Corporation (hereinafter collectively referred to as „borrowers”). The title of the property was transferred by a registered sale deed dated 21st December, 2012, executed by one Mr. Inder Arora, in favour of Respondent No.3 and 4.

3. Subsequent to the sale, the borrowers had mortgaged the property with M/s. Allahabad Bank. There was a default in the loan and the same resulted in proceedings before the DRT. In the proceedings before the DRT the Petitioners i.e., Mr. Madan Lal Chawla and Ms. Raj Rani Chawla, filed an application on the gro

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