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

2023 Supreme(Del) 3153

PURUSHAINDRA KUMAR KAURAV
Diamond Entertainment Technologies Pvt. Ltd. – Appellant
Versus
Religare Finvest Limited Through Its Authorized Officer – Respondent


Advocates appeared:
Mr. Praveen Kumar and Mr. Nitesh Tiwari, Advocates, for the Petitioner.
Mr. Sanjeev Singh, Ms. Ridhi Pahuja and Ms. Taniya Bansal, Advocates, for the Respondent.

JUDGMENT

1. The petitioners in the instant writ petition seek to challenge the order dated 02.12.2022 passed by the learned Chief Metropolitan Magistrate (CMM), South East District, Saket District Court in MCA No.521/2021 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter as `SARFAESI Act').

2. Learned counsel appearing on behalf of the petitioners submits that the impugned order is an abuse of the process of law, at the instance of respondent which is a Non-Banking Financial Corporation (hereinafter as `NBFC') engaged in providing financial assistance to the public at large. According to him, there was already a stay operating with respect to the mortgaged property i.e., B-47, Greater Kailash Part-1, New Delhi-110048 in Civil Suit (OS) 280/2021. He also submits that the said stay was continued from time to time and was very much in existence on the date of passing of the order on 02.12.2022. He further submits that the impugned order is passed on an application for extension of the earlier order dated 06.12.2021, which is in direct contravention of the mandate of Section 14 of the SARFAESI Act

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