Delhi High Court - Orders
Kashish Uppal & Anr vs Shriram Housing Finance Ltd on 15 March, 2022
Author: Mukta Gupta
Bench: Mukta Gupta, Neena Bansal Krishna
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4331/2022
CM APPL. 12959-12960/2022
KASHISH UPPAL & ANR. ..... Petitioner
Represented by: Mr.Jatin Sehgal, Advocate with
Mr.Adhirath Singh, Mr.Viren
Bansal, Advocates.
Versus
SHRIRAM HOUSING FINANCE LTD. .... Respondent
Represented by: Ms.Usha Singh, Advocate
along with Mr.Ved Prakash,
A.R./Legal Manager of the
respondent.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 15.03.2022 CM APPL.12960/2022 (for exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
W.P.(C) 4331/2022 CM 12959/2022 (for stay)
1. According to the petitioners who are son and mother, Arun Uppal the father of the petitioner No. 1 and husband of petitioner No. Signature Not Verified Signed By:JUSTICE MUKTA GUPTA W.P.(C) 4331/2022 page 1 of 4 Signing Date:15.03.2022 16:31:42 2 took a loan from Standard Chartered Bank which was reconstructed by a home loan from Shrirram Housing Finance Ltd., the respondent herein. Along with the home loan, Arun Uppal was advised to take additional services of property and life insurance from Kotak Mahindra Life Insurance Company Ltd. and thus, Arun Uppal applied for the said property and life insurance from Kotak Mahindra Life Insurance Company Ltd. While sanctioning the loan, though the names of Arun Uppal as borrower and Geeta Uppal as nominee have been mentioned correctly, however, their age was wrongly noted and thus, the father of the petitioner No. 1 sent an email dated 18th March 2021 seeking for the rectification thereof. However, instead of correcting the age of the parties, Kotak Mahindra Life Insurance Company Ltd. changed the name of the borrower as Kashish Uppal instead of Arun Uppal. The said mistake was again sought to be rectified and in the meantime, father of the petitioner No. 1 passed away on 25th April 2021.
2. In the absence of the home loan being paid, proceedings were initiated by the respondent against the petitioners. Aggrieved by the order, the petitioners approached the DRT and as the learned Presiding Officer, DRT, Allahabad has additional charge of DRT, Delhi, the matter was taken up and notice was issued for 1st June 2022, however, no stay was granted. According to the petitioners, though symbolic possession has been taken on 21st February 2022, however, no physical possession was taken and aggrieved by the order dated 28th February 2022 passed by the DRT, Delhi, the petitioners presently Signature Not Verified Signed By:JUSTICE MUKTA GUPTA W.P.(C) 4331/2022 page 2 of 4 Signing Date:15.03.2022 16:31:42 have no remedy as there is no Presiding Officer in DRAT functioning at the moment and hence, the present petition.
3. According to the learned counsel for the petitioners, as agreed, Kotak Mahindra Life Insurance Company Ltd. was required to pay insurance amount which would have been directly used for the loan and since, Kotak Mahindra Life Insurance Company Ltd. manipulated with the documents, the petitioners are facing the proceedings.
4. Considering the documents shown, it is evident that Kotak Mahindra Life Insurance Company Ltd. is a necessary party to the present petition. Learned counsel for the petitioners thus seeks leave to implead Kotak Mahindra Life Insurance Company Ltd. as respondent No. 2 in the present petition. Amended memo of parties be filed within one day.
5. Notice. Learned counsel for the respondent No. 1 accepts notice.
6. Notice be issued to the newly added respondent No. 2 on the petitioners taking steps through Email, SMS, Whatsapp, Speed Post and Courier, returnable before this Court on 4th April 2022.
7. Till the next date of hearing before this Court, physical possession of the property bearing No. EA 50, Entire Second Floor, EA 50 Terrace roof rights, Inderpuri, New Delhi-110012 will not be taken by the respondent No. 1.
8. Mr.Ved Prakash, Legal Manager of the respondent No.1 present in Court will have a sitting with the petitioners as also the authorized representative of Kotak Mahindra Life Insurance Company Ltd. to see if the matter can be amicably resolved between the parties.
Signature Not Verified Signed By:JUSTICE MUKTAGUPTA W.P.(C) 4331/2022 page 3 of 4 Signing Date:15.03.2022 16:31:42
9. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NEENA BANSAL KRISHNA, J.
MARCH 15, 2022/akb
Signature Not Verified
Signed By:JUSTICE MUKTA
GUPTA W.P.(C) 4331/2022 page 4 of 4
Signing Date:15.03.2022
16:31:42