HIGH COURT OF DELHI
RAJ KUMAR AGGARWAL – Appellant
Versus
SMFG INDIA HOME FINANCE COMPANY LTD & ORS. – Respondent
JUDGMENT
MANMOHAN, ACJ: (ORAL)
CM APPL. 32561/2024(for exemption)
1. Allowed, subject to all just exceptions.
2. Accordingly, the present application stands disposed of.
W.P.(C) 7860/2024
3. Present writ petition has been filed under Articles 226 and 227 of the Constitution seeking setting aside of the order dated 24th May, 2024 passed by Debt Recovery Appellate Tribunal (‘DRAT’) in Misc. Appeal No. 174/2024 as well as the order dated 17th May, 2024, passed by Debt Recovery Tribunal-II, Delhi (‘DRT’) in S.A. No. 174/2024, whereby both the tribunals vide their respective orders refused to grant stay of the possession notice dated 16th March, 2024 and auction notice dated 23rd April, 2024 issued by Respondent No.1 – SMFG India Home Finance Company Ltd.
4. Learned counsel for the Petitioner states that the Petitioner herein is in possession of property bearing Plot No. 80 and 80A, Khasra No. 60/7, Mohan Garden, Dwarka (‘subject property’), admeasuring 200 sq. yds., for past 12 years. He states that the Petitioner purchased the subject property vide unregistered Agreement to Sell (‘ATS’) and unregistered General Power of Attorney (‘GPA’), both dated 07th July, 2012. He states that the subjec
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