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MANMEET PRITAM SINGH ARORA
Cholamandalam Investment And Finance Company Ltd. – Appellant
Versus
Rishi Pal Sharma – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral) -
CM APPL. 56304/2023 in CM(M) 1706/2023
1. This Petition filed under Article 227 of the Constitution of India impugns the order dated 16.09.2023 passed by CCJ-Cum-ARC (Central), Tis Hazari, Delhi ('Trial Court') in CS SCJ No. 1819/2023, titled as Rishi Pal Sharma v. Cholamandalam Investment and Finance Company Ltd., whereby the Trial Court granted an ex-parte ad-interim injunction restraining the defendant no.1 (i.e., the Petitioner herein) from taking possession of the shop no. 3493, measuring 13.29 sq. mtrs. forming the part of property bearing no. 3485-3496, ward no. 6, Chawari Bazar, Chowk Hauz Qazi, Delhi ('subject property').
1.1. The Petitioner herein is the defendant no.1 and the Respondent No.1 is the plaintiff before the Trial Court.
1.2. The Petitioner herein sanctioned Home Equity Loan of Rs. 1,49,00,000/- in favour of Respondents in 2019. As security against the said loan the Respondent No.1 executed a mortgage deed qua the subject property on 09.08.2019, which was presented for registration before the Sub-Registrar III, New Delhi ('mortgage deed').
1.3. The Respondents defaulted in repayment of the above-said loan and the Peti
The shifting stands of the parties and the validity of the mortgage deed raised doubts about the respondent's defense, leading to the court's conclusion that the suit filed before the civil court was....
The main legal point established in the judgment is that allegations of fraud and misrepresentation must be supported by compelling evidence, and contentions regarding the creation of a valid mortgag....
The main legal point established in the judgment is that a plaintiff cannot suppress material facts to avoid a statutory bar and maintain a suit. The Court has the authority to consider circumstances....
The court established that suppression of material facts regarding a mortgage can bar a civil suit under Section 34 of the SARFAESI Act.
Sales executed after taking possession under the SARFAESI Act are void, affirming the authority of civil courts in possession disputes involving third parties.
Application against measures to recover secured debts – Jurisdiction - Jurisdiction of Civil Court is not ousted. However, Civil Courts have to be extremely cautious while granting any interim order ....
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