Delhi High Court - Orders
Ms Rd Retail India Pvt Ltd vs Hdfc Bank And Ors on 26 May, 2025
$~101
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7181/2025
MS RD RETAIL INDIA PVT LTD .....Petitioner
Through: Ms. Pratiti Rungta, Adv.
versus
HDFC BANK AND ORS .....Respondents
Through: Mr. Lalltaksh Joshi and Ms. Ananya
Sanjiv Saraogi, Advs. for R-2 to R-4.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 26.05.2025
1. The present petition has been filed under Article 226 of the Constitution of India seeking following relief:
1. Issue a Writ of Certiorari or any other appropriate Writ order or direction thereby calling for the records relating to auction of Property being Land admeasuring 13 bigha 6 Biswa Khasra no.
14/16 (4-05), 25(4-05) situated in Revenue Estate of Village Hamidpur, Tehsil Alipur, Delhi dated 14.01.2025 conducted by Respondent No.1 in respect of loan of M/s Dalip Jindal Agro Packaging Private Limited under SARFAESI Act, 2002, examine the same and declare that authorized officer of Respondent no. 1 is duty bound to forward sale certificate dated 03.04.2025 to Respondent Nos. 2 and 3 for registration in Book No. 1 as per Section 89(4) of the Registration Act, 1908 in respect of said property and also a declaration that Respondent No. 4 is obliged to cancel the endorsement of charge of Respondent no. 1 over the said property in the relevant revenue records including khatoni related thereto.
2. Issuance of a Writ of Mandamus or any other appropriate Writ order or Direction thereby directing Respondent No. 1 to forward the sale certificate dated 03.04.2025 in respect of Property being Land admeasuring 13 Bigha 6 Biswa Khasra No. 14/16 (405), 25(4-
05) situated in revenue estate of Village Hamidpur, Tehsil- Alipur, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 21:00:09 Delhi to Respondent Nos. 2 and 3 for registration in Book no. 1 as per Section 89(4) of the Registration Act, 1908 in view of purchase of the said property by the Petitioner as a result of auction of the said property by Respondent no. 1 in accordance with law.
3. Issuance of a Writ of Mandamus or any other appropriate Writ order or direction thereby directing the Respondent nos. 2 and 3 to file/register/record the sale certificate dated 03.04.2025 in respect of property being Land admeasuring 13 Bigha 6 Biswa Khasra no. 14/16 (4-05), 25(4-05) situated in revenue estate of Village Hamidpur, tehsil- Alipur, Delhiin Book No. I as per Section 89(4) of the Registration Act, 1908 when forwarded by Respondent no.1.
4. Issuance of a Writ of Mandamus or any other appropriate Writ order or direction thereby directing the Respondent No. 4 to cancel the endorsement of charge of Respondent No. 1 over the property being Land admeasuring 13 bigha 6 Biswa Khasra no. 14/16 (405), 25(4-05) situated in revenue estate of village Hamidpur, Tehsil- Alipur, Delhi in the relevant revenue records including khatoni related thereto Consequently Put The Name Of The Petitioner Being The successful Purchaser In The Relevant Revenue Records Including Khatoni In place Of Dalip Jindal.
2. Ms. Pratiti Rungta, learned counsel for the petitioner submits that the petitioner is an auction purchaser of the property which is an agricultural land and was put to auction by the respondent no.1 bank by invoking the provisions of SARFAESI Act, 2002.
3. She submits that main prayer sought in the present petition is in the form of a direction to the respondent no.1 bank to forward the sale certificate issued to the petitioner in respect of the property in question to respondent nos.3 & 4 and declare that the respondent no.4 is obliged to cancel the endorsement of charge of respondent no.1 in the revenue records.
4. She submits that the sale certificate issued by the Authorised Officer This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 21:00:09 is not compulsorily registerable. To buttress her contention, she has invited attention of the Court to the following decisions of the Hon'ble Supreme Court: (i) Esjaypee Impex Private Limited vs. Assistant, General Manager and Authorised Officer, Canara Bank, (2021) 11 SCC 537, (ii) The Inspector General of Registration & Anr. vs. G. Madhurambal & Anr., passed in SLP (C) No. 16949/2022 vide order dated 11.11.2022 and, (iii) State of Punjab and Anr. vs. Ferrous Alloy Forgings P. Ltd and Ors., 2024 SCC OnLine SC 3372.
5. In view of the above, issue notice. Mr. Lalltaksh Joshi, the learned counsel for the respondent nos. 2 to 4 accepts notice.
6. On petitioner taking steps, notice be issued to the respondent no.1, by all permissible modes.
7. Let counter affidavit be filed by the respondents within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
8. List on 16.07.2025, amongst the top 10 matters.
VIKAS MAHAJAN, J MAY 26, 2025/dss This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 21:00:09