Sakshi Grover v. Central Bank of India

Delhi HC12 Feb 2026W.P.(C)/1969/2026

Case brief

AI extract

What is this about?

Delhi High Court, W.P.(C) 1969/2026, Sakshi Grover v. Central Bank of India, Jasmeet Singh J, SARFAESI Section 17(1), Securitisation Application 311/2012, DRAT appeal dismissed for non-prosecution, restoration application 15.04.2026, sale proclamation notice Speed Post, auction stay 13.02.2026, Recovery Certificate DRT-III judgment 01.04.2019, ACMM notice 16.04.2012, no coercive steps pending DRAT adjudication, early hearing application, writ petition disposed.

What did the court decide?

Interim protection pending adjudication by DRAT: petitioner and/or bank directed to move an early hearing application before the DRAT; DRAT to hear and decide the appeal expeditiously; no coercive steps to be taken by the respondent till the application/appeal is adjudicated by the DRAT. ¶¶23

Sakshi Grover Vs Central Bank of India — Banking and Recovery | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶¶23

Issue for consideration

Whether the auction proceedings scheduled for 13.02.2026 pursuant to the proclamation of sale should be held in abeyance pending adjudication of the petitioner's application/appeal before the DRAT.

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Court's answer

If the property were auctioned, the petitioner's appeal before the DRAT (dismissed for non-prosecution) would become an empty formality; the petitioner seeks adjudication of his appeal before the DRAT.

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Ratio / Principle

The petitioner and/or the bank are directed to move an early hearing application before the DRAT, and the DRAT is to hear and decide the appeal expeditiously.

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Key takeaways

Till the date the application/appeal is adjudicated by the DRAT, no coercive steps shall be taken by the respondent.ratio¶¶22

Detailed headnote1 paragraphs

Writ petition under Articles 226/227 by a property owner (purchaser by registered Sale Deed dated 28.10.2010 from Ms. Suman Gupta) facing auction of the subject property scheduled for 13.02.2026 pursuant to a sale proclamation issued by Central Bank of India in execution of a Recovery Certificate arising from a judgment dated 01.04.2019 of DRT-III, Delhi. The petitioner's Securitisation Application No. 311/2012 under Section 17(1) SARFAESI Act, 2002 was dismissed (date as printed: 01.04.2009); her appeal before the DRAT, filed with applications for stay and condonation of delay, was dismissed for non-prosecution after counsel's non-appearance on 16.09.2025, whereafter a sale proclamation notice was sent by Speed Post; a restoration application is listed for 15.04.2026. Holding that auction would render the pending DRAT appeal an empty formality, the High Court (Jasmeet Singh, J) directed the petitioner and/or the bank to seek an early hearing before the DRAT for expeditious adjudication, and directed that no coercive steps be taken by the respondent till adjudication of the application/appeal; petition disposed of accordingly.

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$~122

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1969/2026 & CM APPL. 9629/2026 SAKSHI GROVER .....Petitioner

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Through: Mr. Nishith Srivastava(Adv) & Mr. Vijendra Chourasia(Adv) versus CENTRAL BANK OF INDIA .....Respondent Through: Mr. Santosh Kumar Rout, SC

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R

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% 12.02.2026 1. This is a writ petition filed under Articles 226 and 227 of the Constitution of India seeking the following prayers:-

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“a) Stay the auction proceedings scheduled for 13.02.2026 pursuant to the proclamation of sale issued by Respondent No.1; b) Stay all further execution proceedings arising out of the Recovery Certificate issued pursuant to judgment dated 01.04.2019 passed by DRT-III, Delhi; c) Direct maintenance of status quo with respect to possession of the subject property;…”

¶10

The petitioner became the owner of the property on 28.10.2010 by virtue of a duly executed and registered Sale Deed executed by Ms. Suman Gupta in her favour. Subsequently, on 16.04.2012, the petitioner was taken aback to find that a notice had been affixed on the property pursuant to an order passed by the learned ACMM.

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Thereafter, the petitioner filed a Securitisation Application No. 311/2012 under Section 17(1) of SARFAESI Act, 2002 for appropriate relief. The said application was dismissed on 01.04.2009. Immediately, the petitioner filed an appeal before the DRAT with an application for stay

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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 16/02/2026 at 13:21:35

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and condonation of delay.

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On 16.09.2025, the counsel for the petitioner (appellant before the DRAT) could not appear and subsequently, a sale proclamation notice was sent to the petitioner through Speed Post.

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The petitioner on getting to know the sale proclamation, immediately moved an application for restoration before the DRAT and the next date is 15.04.2026, wherein the notice has been issued.

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The auction is fixed for 13.02.2026 and hence, the present petition.

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For the said reasons, issue notice.

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Mr. Rout, learned standing counsel accepts notice on behalf of the respondent.

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The petitioner, in the present writ petition, is only seeking adjudication of his appeal before the DRAT and in case the property is auctioned, the appeal before the DRAT (which was dismissed for non-prosecution) will become an empty formality.

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For the said reasons, it is directed that the petitioner and/or the bank will move an early hearing application before the DRAT and the DRAT will hear and decide the appeal expeditiously.

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In this view of the matter it is directed that till the date the application/appeal is not adjudicated by the DRAT, no coercive steps shall be taken by the respondent.

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The petition is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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FEBRUARY 12, 2026 / (MS)

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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 16/02/2026 at 13:21:35

Sakshi Grover v. Central Bank of India

Case brief

What is this about?

What did the court decide?

Sakshi Grover v. Central Bank of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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