The DRT dismissed an interim application seeking a stay on possession of a property under the SARFAESI Act. The court found the applicant was not in possession and had an alternative civil remedy for co-ownership disputes.
The interim application seeking direction to restrain the respondent from taking possession of the flat was dismissed.
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
I.A. No.166 of 2025
In Securitisation Application No.40 of 2025
I.A. Instituted on : 20.01.2025 Decided on : 31.01.2025
Mrs Sakina Aabid Khambhati V/s.
... APPLICANT
PNB Housing Finance Ltd. & Ors.
...RESPONDENTS
Argued By –
Mr Rajesh Nagori, Advocate for the Applicant.
Mr Nishit Tanna i/b Mr Kaushal Shukla, Advocate for Respondents.
O R D E R
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Page 2 of 5
outstanding dues from Respondent No.2 and 3. The Applicant never received any money from Respondent Nos.2 and 3 as sale consideration from amount of Rs.54,00,000/-.
having an alternate and efficacious remedy for claiming her share before Civil Court.
Sd/-
(HARISH KUMAR KAUSHIK) PRESIDING OFFICER DRT-II, MUMBAI
Radhika
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| 31.01.2025 | Exh. | Roznama-MDRT-II S.A. No.40 of 2025 |
Next date |
|---|---|---|---|
| Mr Rajesh Nagori i/b Ms Sanjana Ghogare, Advocate for the Applicant. |
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| Mr Nishit Tanna i/b Mr Kaushal Shukla, Advocate for the Respondent. |
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| Order in I.A. No.166 of 2025 passed separately. |
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| rst -05 | Now, matter be put up before the learned Registrar on 02.04.2025 for filing reply to S.A. Sd/- P.O. DRT-II |
02.04.2025 Before Registrar |
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3 issues framed by the court
Whether the applicant, who was not in possession of the mortgaged property, has a prima facie case and balance of convenience to restrain the bank from taking possession under Section 14 of the SARFAE
Whether the applicant can seek equitable relief against dispossession given her lack of possession and the civil remedies available regarding co-ownership disputes.
Whether the request for an interim injunction to restrain possession of the flat should be allowed pending the final disposal of the securitisation application.
2 provisions across 1 enactments
Mrs Sakina Aabid Khambhati
PNB Housing Finance Ltd. & Ors.
Harish Kumar Kaushik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
