Delhi High Court - Orders
Sanjay Nischal vs Dewan Housing Finance Limited (Dhfl) ... on 20 December, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Jasmeet Singh
$~36.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14731/2021
SANJAY NISCHAL ..... Petitioner
Through: Mr. Suresh Dutt Dobhal, Mr. Yash
Mishra, Ms. Srishti Mishra,
Ms.Devina Bhandari & Mr. Pronoy
Chatterjee, Advocates.
versus
DEWAN HOUSING FINANCE LIMITED (DHFL)
NOW KNOWN AS PIRAMAL CAPITAL AND
HOUSING FINANCE & ORS. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 20.12.2021 C.M. No. 46369/2021 Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 14731/2021 and C.M. No. 46368/2021 The submission of learned counsel for the petitioner is that the original owner Nivedita Sharma had executed a registered sale deed in respect of the first floor of the property bearing No. 1/11053, Plot No.200, Khasra No.42 Village Uldhanpur Subhash Park, Naveen Shahdara, New Delhi 110032 in favour of Ms. Manju Verma. It is from Manju Verma that Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:21.12.2021 18:58:01 the petitioner has acquired rights in respect of the first floor of the said property vide sale deed dated 31.10.2018. In the meantime, in 2015, the property was purportedly mortgaged by Nivedita Sharma in favour of the respondent financial institution. The mortgage could not have related to the first floor of the property since Nivedita Sharma was not the owner of the same - having sold the first floor of the property, as aforesaid, in favour of Manju Verma. The petitioner has placed on record the copies of the said sale deeds. The stand of the respondent/ financial institution stating that they acted on mere belief and assurance given by Nivedita Sharma, has also been placed on record.
In these circumstances, we are inclined to stay the operation of the impugned order and restrain the respondents from taking over actual physical possession of the first floor of the property bearing No. 1/11053, Plot No.200, Khasra No.42 Village Uldhanpur Subhash Park, Naveen Shahdara, New Delhi 110032, till the next date of hearing.
Notice shall issue to the respondents returnable on 03.02.2022.
VIPIN SANGHI, J JASMEET SINGH, J DECEMBER 20, 2021 B.S. Rohella Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:21.12.2021 18:58:01