Disposed

Nisha Choudhary v. Hdfc Bank

DRT29 Sept 2025SA/520/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal disposed of a Securitization Application. The applicant undertook to hand over possession within two months, with notice for auction to mention the undertaking. Failure to comply would lead to court-appointed commissioner to take possession.

What did the court decide?

Application disposed of on undertakings to hand over possession within two months; otherwise, court commissioner to take possession.

Nisha Choudhary versus Hdfc Bank — Execution and Attachment | DRT (2025)

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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Item No. 14

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Case No.SA/520/2025

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NISHA CHOUDHARY Vs HDFC BANK

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Date: 29.09.2025.

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Proceedings through hybrid mode Present:

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Shri Anil Kumar Sharma, Counsel for the Applicant

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Shri Vineet Sharma, Counsel for the Respondent Bank/FI

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In this matter, counsel for the applicant submits that since the applicant is up brining her children alone and she got guidance by some persons, but in fact she has filed a case before the Rent Tribunal which is pending. She is ready and willing to hand over the possession peacefully within two months from today and undertaking shall be filed within two days, copy of the undertaking be provided to counsel for the respondent bank. The bank may proceed with the auction of the property and undertaking given by the applicant herein shall be mentioned in the auction notice if it is during currency of her possession.

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There is one apprehension counsel for the applicant submits that since the matter is pending before the Rent Tribunal, the landlord may square up the liability once the possession is given to the bank and take the possession from the bank. It is made clear that as per judgment of the Hon’ble Supreme Court if the account gets closed, the possession has to be restored to the person from the same is taken.

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In this case, it will be the present applicant from whom the possession has been taken and shall not to be restored to the owner/ mortgage, but to the occupant of the property i.e. Ms. Nisha Sharma in case account get closed.

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With these observations this Securitization Application stands disposed of. In case of any exigency, concerned parties can move Misc. application. It is made clear that if the possession is not handed over within two months, the Court Commissioner shall be appointed to take possession of the property in which the applicant exists.

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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File be consigned to record, as per rules. Copy of order be uploaded on website.

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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur

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Nisha Choudhary v. Hdfc Bank

Case brief

What is this about?

What did the court decide?

Nisha Choudhary v. Hdfc Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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