Presidium Education and Charitable Trust v. Hdfc Bank

DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

Misc. Appeal No.123/2021 Arising out of S.a.No.82/2021 (DRT-I, Delhi)

Presidium Education and Charitable Trust Vs. HDFC Bank Ltd. & Ors.

01.06.2022 Hon’ble Mr. Justice Brijesh Sethi

Present: Mr. Pallav Saxena along with Ms.. Kulsum Ansari, Ld. Counsel for appellant/applicant

Mr. Bheem Sain Jain, Ld. Counsel for respondent no.1

This matter has been taken up by me through Video Conferencing.

Vide this order I shall dispose of the I.A. No.219/2022 filed by the appellant vide which the appellant has prayed for the stay of operation of notice dated 18.05.2022, i.e. fresh notice to take possession of the school premises on 06.06.2022 through the office of the District Magistrate, Gurgaon.

Learned counsel for the appellant has vehemently argued that the impugned notice of possession is hit by law of pre-existing and registered lease in favour of the appellant. It has further been stated that the notice is hit by law of acquiesces waiver and estoppels and in case the action is taken by the respondent, it will shut down the premises and ruin the future of at least 1500 approx students studying in the school. It is submitted that the impugned order is vitiated by fraud and is not enforceable as respondents 1 and 2 has suppressed the material facts. It is further submitted that the issuance of notices under the SARFAESI Act are illegally and invalid for want of requisite and mandatory particulars. It is submitted that the respondent has obtained the order for taking possession under Section 14 of the SARFAESI Act by playing fraud upon the District Magistrate Court as the authorised officer of the bank has filed false affidavit and has not disclosed in the affidavit about the leasehold rights of the applicant and lawful occupation of the applicant duly accepted and recognized by the respondent bank throughout all the times.