1. By consent of the parties both the writ petitions are taken up together for consideration.

2. The writ petition being WPA 3564 of 2025 has been filed by the CFM Asset Reconstruction Pvt. Ltd. (hereinafter referred to as the “secured creditor”) while the writ petition being WPA 26115 of 2024 has been filed by private parties, amongst whom the petitioner no.1 in such petition appear to be the principal borrower who claims to be a lessee in respect of certain properties which form subject matter of the writ petition which has also been secured by way of mortgage with the secured creditor.

3. The secured creditor claims to be registered with the Reserve Bank of India under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the “SARFAESI Act”) and also claims to be engaged in the business of acquiring non-performing assets from banks/financial institutions. The respondent no. 5 in the second writ petition being WPA 3564 of 2025 is the principal borrower, and is also the petitioner no.1 in WPA

26115 of 2024.

4. It is the case of the secured creditor that in usual course of business dealings and transactions,