Ashish Kumar Vs Tata Capital Financial Services Ltd & Ors. (Delhi High Court)
In the case of Ashish Kumar vs Tata Capital Financial Services Ltd & Ors., the petitioner sought the quashing of a notice issued under the SARFAESI Act regarding possession of a property. The petitioner claimed that the sale deed registered in their name was genuine and alleged fraud concerning another sale deed executed for the same property. The respondent NBFC objected, citing the Phoenix ARC ruling, which restricts the court’s jurisdiction in such cases involving NBFCs. The court ruled that writ petitions are not maintainable against NBFCs, referencing Section 14(2) of the SARFAESI Act and advising the petitioner to approach the Debt Recovery Tribunal (DRT) for relief under Section 17 of the Act. Additionally, the fraud allegations raised by both parties were directed to be investigated by the police. Consequently, the Delhi High Court dismissed the writ petition, allowing the petitioner to pursue their grievance before the DRT. All pending applications were also disposed of accordingly, with no prejudice to either party’s claims. The court granted a signed copy of the order to the petitioner.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. An affidavit has been filed on behalf of the petitioner evidencing service of notice of the writ petition along with the documents having been served upon the respondent No.1. Learned counsel for the respondent No.1 puts appearance today as well.
