Disposed

Smt Daulat Kanwar Wo Shri Ajeet Singh Solanki v. India Shelter Finance Corporation Limited

DRT19 Dec 2025SA/85/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal adjudicated the priority of competing CERSAI charges when a loan scheme involved both Home First Finance Company India Private Limited and India Shelter Finance Corporation Limited. The Tribunal held that the subsequent registration by the Applicant created a prior charge. The Securitization Application was disposed of without substantive adjudication on the fraud claim

What the court decided

AI extract

Smt Daulat Kanwar Wo Shri Ajeet Singh Solanki versus India… — Company and Corporate | DRT (2025)

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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Item No. 46

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Case No.SA/85/2025

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SMT DAULAT KANWAR WO SHRI AJEET SINGH SOLANKI Vs INDIA SHELTER FINANCE CORPORATION LIMITED

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Date: 19.12.2025.

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Proceedings through hybrid mode Present:

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Shri Ritesh Kumawat, Counsel for the Applicant

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Shri Pramod Kumar, Counsel for the Respondent Bank/FI

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Shri Vishnu Kumar Sharma, Counsel for the Respondent No. 2

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After hearing arguments in the matter there is the dispute has water down to very small question. The Respondent no. 2, Home First Finance Company India Private Limited had granted a loan, but during currency of that loan, the loan was granted by the respondent no. 1 herein.

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CERSAI charge was registered by both the institutions. Subsequently, the loan in favor of respondent no. 2 for which a prior CERSAI charge was created was closed and fresh loan was granted for which the CERSAI charge was again registered which is definitely subsequent in tune.

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Counsel for the Respondent No. 2 submits that it is to be treated as continution of CERSAI charge which cannot be because borrowers in both the loan accounts are different. Further, if the respondent no. 2 is of the opinion that their CERSAI charge continues, then why they created second CERSAI charge. This means that first CERSAI charge was satisfied thereafter, CERSAI charge by the Respondent no. 1 took precedent over subsequent CERSAI charge.

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In view of the above, this Tribunal holds that the CERSAI charge had respondent no. 1 on the property is prior to the CERSAI charge of Respondent no. 2.

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The counsel for the applicant submits that the loan granted by the Respondent No. 1 is a fraudulent, he is at liberty to take that caused before the competent Civil Court.

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Court of the Presiding Officer

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Debts Recovery Tribunal, Jaipur

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In view of the above, this Securitization Application stands disposed of. 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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Smt Daulat Kanwar Wo Shri Ajeet Singh Solanki v. India Shelter Finance Corporation Limited

Case brief

What is this about?

What the court decided

Smt Daulat Kanwar Wo Shri Ajeet Singh Solanki v. India Shelter Finance Corporation Limited

Case brief

What is this about?

What the court decided

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Issues for consideration

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Case details

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