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2023 Supreme(Del) 5593

AMIT MAHAJAN, VIBHU BAKHRU
Sangeeta Sethi – Appellant
Versus
Union Bank of India – Respondent


Advocates appeared:
Mr. Sanjeev Singh, Mr. Varun Bedi and Ms. Mudrakshi, Advocates, for the Petitioner.
Mr. Samarendra Kumar, Advocate for R-1.

JUDGMENT

Vibhu Bakhru, J.

1. The petitioner has filed the present petition, inter alia, impugning an order dated 02.11.2023 (hereafter `impugned order') passed by the learned Debts Recovery Appellate Tribunal (hereafter `DRAT') in Regular Appeal No. 251 of 2022, whereby the petitioner's prayer for interim relief was rejected.

2. The petitioner had filed the aforesaid appeal (Regular Appeal No. 251 of 2022) against an order dated 15.11.2022, passed by the learned Debts Recovery Tribunal-III, New Delhi (hereafter `DRT'), whereby the petitioner's Securitisation Application (S.A. No. 05/2018), filed under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter `SARFAESI Act'), was rejected.

3. It is the petitioner's case that her father-in-law had purchased the First Floor of the built up property constructed on Plot No. 878, Block-I, Palam Vihar, Gurugram (Haryana) for a consideration of Rs.54,45,000/-. The sale deed in respect of the said property was executed in favour of the petitioner's father-in-law on 27.09.2012.

4. According to the petitioner, though the sale deed mentions the amount of Rs.54,45,000/-, the act

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