O R D E R

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. The petitioners in the instant writ petition are aggrieved by the order passed by the learned Chief Metropolitan Magistrate (CMM), KKD Court, Delhi on 22.09.2022 whereby, pursuant to an application filed by the respondent no.2-Hinduja Leyland Finance Ltd., a Non-Banking Financial Corporation (hereinafter as „NBFC‟), under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter as „SARFAESI Act‟), a Receiver was appointed to take possession of the secured asset and forward it to the secured creditor.

2. Learned counsel appearing on behalf of the petitioners raised various objections against the said order. According to him, the impugned action is [3]

without jurisdiction as the petitioners are neither the borrower nor the guarantor qua the mortgaged property. While pointing out various anomalies in the action taken by the respondents, he also submits that a fraud has been committed on the petitioners by respondent no.1.

3. Learned counsel appearing on behalf of the respondent no.2-NBFC opposes the submissions and he submits that the instant petition, at the stage