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DELHI HIGH COURT
REKHA PALLI
Daiichi Sankyo Company Limited – Appellant
Versus
Malvinder Mohan Singh – Respondent
| Table of Content |
|---|
| 1. disputes arising from agreements and enforcement petitions. (Para 1 , 2 , 3) |
| 2. details on asset disclosures and court directions. (Para 4 , 5 , 6) |
| 3. arguments regarding secured creditor rights. (Para 7 , 8) |
| 4. court's assessment on order applicability and charge creation. (Para 9 , 10 , 11) |
| 5. examination of the validity of the mortgage and equitable claims. (Para 12 , 13 , 14 , 15 , 16) |
| 6. discussion on sarfaesi act applicability. (Para 17 , 18) |
| 7. court decision on charge validity and oversight in auction. (Para 19 , 20 , 21) |
| 8. determination of proceeds allocation and supervision of auction. (Para 22 , 23 , 24) |
| 9. conclusion on orders and applications. (Para 25) |
JUDGMENT
Rekha Palli, J.
E.A. 625/2020, E.A. 668/2020 & E.A. 815/2020
1. The present decision disposes of E.A. Nos. 625/2020, 668/2020 and 815/2020 all pertaining to the proposed auction by Yes Bank Limited (hereinafter referred to as `the Bank' or `YBL') of the parcel of land admeasuring 12 bigha out of the 2.5 acres of property owned by in Khasra Nos. 288-290 situated in the village of Gadaipur, Tehsil Hauz Khas, Mehrauli, New Delhi (hereinafter referred to as `subject property') which is owned by the Jud
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