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2021 Supreme(Del) 802

VIPIN SANGHI, REKHA PALLI
Singh Sidhu – Appellant
Versus
Indian Bank – Respondent


Advocates Appeared:
For the Appellant : Vishwendra Verma and Prithika Kashyap, Advs.
For the Respondents: Harshit Jain and Vipin Singh, Advs.

JUDGMENT :

Vipin Sanghi, J.

1. The present petition assails the order dated 14.12.2020 passed by the DRAT, whereby the petitioners' appeal assailing the DRT's order dated 24.09.2020 which rejected its S.A. (SARFAESI Application), has been dismissed. Under the impugned order, the DRAT, while dismissing the petitioners' appeal, has granted them three months' time to surrender possession of the property in their occupation to the respondent no. 1/bank.

2. The petitioner/Major Singh Sidhu, represented by his legal heirs in the present petition, approached the DRT by way of an application under Section 17 of the SARFAESI Act being SA No. 726/2011 on 16.12.2011 impugning notice dated 05.02.2008 issued by the respondent no. 1/bank to Shri Parmanand Jha/respondent no. 2. In the said S.A., the possession notices dated 08.11.2011 and 28.11.2011 were also assailed and it was prayed before the DRT that the bank be directed to accept the payments made by the petitioner towards the outstanding dues of respondent no. 2/the borrower. The case set up by the petitioner before the DRT was that he was a bonafide purchaser of property bearing no. B-39, HIG Flat, 3rd Floor, Dilshad Extension, Delhi, having

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