A Single Appropriate Member of the DRT dismissed a Securitization Application due to the applicant's illegal breach of locks and possession despite the property being sold, refusing to appoint a Court Commissioner.
Application dismissed; appointment of Court Commissioner refused.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 52
Case No. SA/245/2024
MEENA SHARMA Vs WONDER HOME FINANCE LIMITED
Date: 20.05.2026.
Proceedings through hybrid mode Present:
Shri Nasir Khan, Counsel for the Applicant
Shri Ashish Srivastav, Counsel for the Respondent Bank/FI
In this matter, the property has already been sold by the respondent bank and counsel for the respondent bank requested for appointment of Court Commissioner to take the possession back. He submits that application was listed long back and now only the property has been sold. He submits that Court Commissioner shall be appointed for handing over the possession to the purchaser.
The Tribunal is not inclined to appoint the Court Commissioner, however, in view of the fact that the applicant has broken the locks twice and taken the possession, as they are law abiding citizen and taken law into their hands and have done illegal act.
In view of the above act of the applicant, this Securitization Application deserves to be dismissed as law is not for persons who break law. Accordingly, this Securitization Application stands dismissed. File be consigned to record, as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
2 issues framed by the court
Whether a Court Commissioner should be appointed to take possession of property already sold by the respondent.
Whether the applicant's illegal acts justify dismissal of the Securitization Application.
MEENA SHARMA
WONDER HOME FINANCE LIMITED
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
