Dismissed¶24

Anil Rai Trust v. Ifci Limited

Delhi HC17 Nov 2025W.P.(C)/17439/2025

Case brief

AI extract

What is this about?

Anil Rai Trust v. IFCI Limited, W.P.(C) 17439/2025, Delhi High Court, Division Bench of Anil Kshetarpal and Harish Vaidyanathan Shankar, JJ., decided 17.11.2025. Keywords: writ petition dismissed; DRAT New Delhi; Appeal No.65/2017; delay condonation; delay of 114 days; DRT-I Delhi; order dated 10.06.2016; Recovery Officer; objections dated 07.02.2011; locus standi; unregistered Gift Deed; transferee of mortgagor; public auction; better buyer; valuation of property; fraud in auction; interim order dated 23.02.2011 vacated; Articles 226 and 227 Constitution of India.

What did the court decide?

The Petitioner, claiming to be a transferee by virtue of a Gift Deed by the borrower, has stepped into the shoes of the mortgagor; he was already granted an opportunity to bring a better buyer but failed to do so before the learned Presiding Officer, DRT-I, Delhi.

Anil Rai Trust Vs Ifci Limited — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the Impugned Order dated 15.09.2025 passed by the learned Debts Recovery Appellate Tribunal, New Delhi in Appeal No.65/2017, dismissing the Petitioner's appeal for unexplained delay of 114 days, should be quashed and set aside. +1 more

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Court's answer

The present writ petition is dismissed along with pending applications.

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Ratio / Principle

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Key takeaways

The appeal before the learned Presiding Officer, DRT-I, Delhi stood dismissed on the ground that the appellant had no locus standi, as he claimed to be a transferee of the property by virtue of an unregistered Gift Deed, which is not enforceable in law.ratio¶19

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of the order dated 15.09.2025 of the Debts Recovery Appellate Tribunal, New Delhi, dismissing Appeal No.65/2017 filed by the petitioner-trust for failure to explain a delay of 114 days (11.07.2016 to 24.10.2016) in filing the appeal. The appeal challenged the order dated 10.06.2016 of the Presiding Officer, DRT-I, Delhi, by which the appellant's objections (filed on 07.02.2011) to the public auction of the property had been dismissed for want of locus standi, the appellant having failed to bring a better buyer despite opportunity, and the interim order dated 23.02.2011 having been vacated. The petitioner claimed to be a transferee of the property under a Gift Deed executed by the borrower, i.e., having stepped into the shoes of the mortgagor, and sought setting aside of the auction on the ground of lower valuation, alleging fraud. The Division Bench held that the petitioner had already been granted an opportunity to bring a better buyer and failed, and that the claim rested on an unregistered Gift Deed, which is not enforceable in law. Petition dismissed along with pending applications.

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$~70

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 17439/2025 & CM APPLs.72024/2025 (for stay) & 72025/2025 (for exemption)

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ANIL RAI TRUST

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.....Petitioner

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Through: Mr. Vierat K. Anand, Mr. Kumar Shashank, Mr. Harish Nadda, Mr. Vikapl Singh, Mr. Rahul Gaur and Mr. Pulkit Mehta, Advocates.

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versus IFCI LIMITED .....Respondent Through: Mr. Shreyas Mehrotra, Mr. Manish Kumar Mishra, Mr. Rohan Malik and Mr. Keshav Aggarwal, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

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O R D E R % 17.11.2025

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The present Writ Petition, under Articles 226 and 227 of the Constitution of India, seeks quashing and setting aside of the Impugned Order dated 15.09.2025¹ passed by the learned Debts Recovery Appellate Tribunal² , New Delhi in Appeal No.65/2017.

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Vide the Impugned Order, the said Appeal filed by the Petitioner herein was dismissed by the learned DRAT as the Petitioner failed to explain the delay of 114 days, i.e., from 11.07.2016 to 24.10.2016, in filing the same.

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1 Impugned Order

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 14:54:53

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Learned counsel for the Petitioner submits that the Petitioner’s property has been auctioned by playing fraud.

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In order to examine the matter, this Court called upon the learned counsel for the Petitioner to read the Order dated 10.06.2016 passed by the learned Presiding Officer, DRT-I, Delhi, which was the subject matter of the Appeal before the learned DRAT. Paragraph 10 of the said Order passed by the learned DRT reads as follows:

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“ 10. Considering the submissions advanced by the Ld. Counsel for the parties. I find merit in the arguments of respondent FI. The objections filed by the appellant on 07.02.2011 were dismissed by the Recovery Officer on the ground of locus. The appellant. The appellant failed to prove his locus standi in the present proceedings. Even otherwise, this Tribunal has also granted opportunity to the appellant to bring a better buyer but he failed to produced anyone to prove that the worth of the property is more than for which it was sold. As per the respondent FI, the property is still in the name of Mr. Ani Rai. In these circumstances, I find no force in the present appeal and the same is hereby dismissed. Interim order dated 23.02.2011 stands vacated. A copy of the order be sent to all parties concerned as well as to the concerned Recovery Officer. File be consigned to records.”

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The Petitioner claims to be transferee by virtue of Gift Deed by borrower. In other words, he has stepped into the shoes of mortgagor. He has already been granted an opportunity to bring a better buyer but he failed before the learned Presiding Officer, DRT-I, Delhi. The Petitioner sought setting aside of sale of the property by public auction on the ground that the valuation of the property was lower. However, the Court has already granted him opportunity to bring better buyer which he failed to bring. The Appeal filed by the Appellant before learned Presiding Officer, DRT-I, Delhi was dismissed on the ground that he had no locus standi to file the Appeal because he is claiming to be transferee of the property by virtue of an unregistered Gift Deed

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2 DRAT

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 14:54:53

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which is not enforeceable in law.

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Accordingly, the present Petition is dismissed along with pending applications, if any.

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ANIL KSHETARPAL, J.

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HARISH VAIDYANATHAN SHANKAR, J. NOVEMBER 17, 2025/rk/kr

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 14:54:53

Anil Rai Trust v. Ifci Limited

Case brief

What is this about?

What did the court decide?

Anil Rai Trust v. Ifci Limited

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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