J U D G M E N T

1. The petitioners in the instant writ petition seek to challenge the order dated 02.12.2022 passed by the learned Chief Metropolitan Magistrate (CMM), South East District, Saket District Court in MCA No.521/2021 under Section 14 of the Securitisation and - 3 –

Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter as ‘SARFAESI Act’).

2. Learned counsel appearing on behalf of the petitioners submits that the impugned order is an abuse of the process of law, at the instance of respondent which is a Non-Banking Financial Corporation (hereinafter as ‘NBFC’) engaged in providing financial assistance to the public at large. According to him, there was already a stay operating with respect to the mortgaged property i.e., B-47, Greater Kailash Part-1, New Delhi-110048 in Civil Suit (OS) 280/2021. He also submits that the said stay was continued from time to time and was very much in existence on the date of passing of the order on 02.12.2022. He further submits that the impugned order is passed on an application for extension of the earlier order dated 06.12.2021, which is in direct contravention of the mandate of Section 14 of the SARF