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2022 Supreme(Raj) 1433

MAHENDAR KUMAR GOYAL
Surbhi Mehta – Appellant
Versus
Iifl Home Finance Ltd. – Respondent


Advocates appeared:
Mr. Yuvraj Samant with Ms. Neha Amola, Mr. Pranav Pareek & Ms. Arushi Goyal, Advocates., for the Petitioner
Mr. Akshat Kulshrestha with Ms. Surabhi Bairathi & Mr. Pradeep Rajpurohit, Advocates., for the Respondent

JUDGMENT

1. Since, this batch of writ petition shares common facts and questions of law, they have been heard together and are being decided vide this common order.

2. For convenience, on the request of learned counsels for the respective parties, file of S.B. Civil Writ Petition No.4568/2020; Surbhi Mehta v. IIFL Home Finance Ltd., is taken as the lead case.

3. This writ petition is directed against the order dated 27.12.2019 passed by the learned Debts Recovery Tribunal, Jaipur (for brevity, "the DRT") in Securitization Application No.329/2019 as also the order dated 22.10.2019 passed by the learned Chief Metropolitan Magistrate, Jaipur Metropolitan in Civil Miscellaneous Case No.385/2019.

4. With regard to maintainability of the writ petition despite availability of statutory remedy of appeal against the order passed by the learned DRT, Jaipur under Section 18 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, "SARFAESI Act,2002"), learned counsel for the petitioners submits that they were not the parties to the securitization application before the learned DRT and hence, the remedy of appeal is unavailable to them.

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