Ritu Goel v. M/S India Credit Company Ltd.
Case brief
What is this about?
The Debt Recovery Tribunal examined a dispute over property possession involving allegations of forged sale deeds. Relying on a Central Forensic Science Laboratory report, the Tribunal found signatures on a 2018 sale deed false. It set aside Recovery proceedings against the Applicant but stayed the order pending pending criminal and civil litigation.
What did the court decide?
The SARFAESI Application by the securitization applicant stands disposed of and the entire actions of respondent no.2 initiated under the SARFAESI Act qua the property in question are hereby set aside
What the court decided
1
SA 605 Of 2022
DRT-I, DELHI
Debts Recovery Tribunal-I, Delhi 4th Floor, Jeevan Tara Building, Parliament Street, New Delhi PRESIDING OFFICER: GOVIND BALLABH SHARMA
SA/605/2022
Mrs. Ritu Goel w/o Mr. Manoj Goel, R/o House no.468, first floor, Village Chandrawali, Mohalla Gurai, Circular Road, Shandara, Delhi-110032.
--Applicant Versus 1. India Credit Company Ltd. Registered Office at: 3rd floor, B-45/47, Near PVR Plaza, Connaught Place, New Delhi.
- Fullerton India Credit Company Ltd. Registered Office at: 3rd floor, No.165, Megh Towers, PH Road, Maduravoyal, Chennai-600095. Corporate Office at: 10th floor, Office no.101, 102 and 103, 2 North Avenue, Maker Maxity, Bandra Kurla Complex, Bandra (East), Mumabi-400051. Branch Office at: 3rd floor, B-45/47, Near PVR Plaza, Connaught Place, New Delhi.
- Mr. Depender Kumar (Advocate) R/o S-435, Greater Kailash-I, New Delhi-110048.
2
Issues for consideration
3 issues framed by the court
Whether the sale deed dated 11.05.2018 executed by respondent no.4 in favour of respondent no.6 is genuine or forged fabricated.
Whether the entire actions of respondent no.2 initiated under the SARFAESI Act qua the property in question are sustainable given the findings on forgery.
Whether the finding of the Tribunal regarding forgery shall be subject to pending criminal investigation and civil suit cancellation.
Parties & counsel
- applicant
Mrs. Ritu Goel w/o Mr. Manoj Goel
- respondent
Smt. Honey Chhibber
- respondent
India Credit Company Ltd.
- respondent
Fullerton India Credit Company Ltd.
- respondent
Mr. Depender Kumar
- respondent
Case details
As recorded by the court registry
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