The DRAT allowed an application to restrain a financial institution from taking possession of a property. The court held that the applicant was not a mortgagor or borrower but an absolute owner and that the order was invalid due to lack of notice.
Misc. Application No.59 of 2024 is allowed; Applicant directed to remove objections from Registry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Before Harish Kumar Kaushik, Presiding Officer DRT-II, Mumbai
Order
in
Miscellaneous Application No.59 of 2024 In Securitisation Application (D) No.532 of 2024
M.A. Instituted on: 06.05.2024 Registered on: 09.05.2024 Decided on: 26.03.2025
Amogh Shamsundar Malvankar
... APPLICANT
V/s.
Aadhar Housing Finance Ltd. & Ors.
...RESPONDENT/s
Argued By –
Mr Rajesh Nagory and Ms Sanjana Ghogare, Advocates for the Applicant. Mrs Uma S. Fadia, Advocates for Respondent No.1. None for other Respondents.
O R D E R
Page 1 of 4
and the delay i.e., of 871 days caused in filing the present Miscellaneous Application No.59 of 2024.
Page 2 of 4
Sd/- (HARISH KUMAR KAUSHIK) PRESIDING OFFICER DRT-II, MUMBAI
Akhila -01
Page 3 of 4
| 26.03.2025 | Exh. | Roznama-MDRT-II M.A. No.59 of 2024 |
Next date |
|---|---|---|---|
| Mr Rajesh Nagori, Ms Sanjana Ghogare and Ms Richa Shukla, Advocates for the Applicant. Mrs Uma S. Fadia, Advocate for Respondent. |
|||
| Order in M.A. No.59 of 2024 passed separately. |
|||
| rst - 01 | S.A. (D) No.532 of 2024 be registered in the file after due compliance. Sd/- P.O. DRT-II |
Closed |
Page 4 of 4
2 issues framed by the court
Whether the applicant, claiming to be the absolute owner and not a borrower/guarantor, could restrain possession under Section 13 of the SARFAESI Act.
Whether the delay of 871 days in filing the application was sufficient to justify setting aside the order.
1 provisions across 1 enactments
Amogh Shamsundar Malvankar
Aadhar Housing Finance Ltd.
HARISH KUMAR KAUSHIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
