The appellant states that he is neither a borrower nor a mortgagor or a guarantor. The subject property belonged to his father, the late Vasant Modak, and on his death on 21/12/2004, devolved upon his legal heirs consisting of the appellant, his brother Vinay Modak, his sons and Shubangi Modak (respondent Nos. 2 and 4) his wife. The appellant states that respondent Nos. 2, 4 and his sister-in-law, the third respondent collusively mortgaged the subject property in favour of the FI and availed a loan on 10/02/2014 and registered the mortgage deed on 11/02/2014. On defaulting repayment, the creditor initiated recovery measures under the provisions of the SARFAESI Act. Despite being a legal heir of the original owner, the appellant did not receive any notice demanding the repayment of the debt. He did not execute any mortgage deed. It is understood that certain documents were forged and fabricated by respondent Nos. 2 to 4 to create a right over the subject property and mortgage it. The appellant filed a complaint before the police authorities and a FIR was registered against them. An order has been obtained from the District Magistrate to take physical possession of the subject property under Sec. 14 of the SARFAESI Act. The appellant filed the aforesaid S.A. under Sec, 17 of the SARFAESI Act being a person aggrieved by the Sarfaesi measures. Apprehending the taking over of physical possession of the property on 28/06/2024 and the consequential sale of the subject property, I.A. No. 1822 of 2024 was filed to stall it.
