Tourism Finance Corporation of India Limited Vs Aishwarya Chetan Khedkar @ Aishwarya Sanjay Mal (Bombay High Court)
The Bombay High Court considered a writ petition challenging an order passed by the District Judge, Vadgaon–Maval, Pune, which granted a temporary injunction restraining the defendants from creating third-party interest in certain properties housing a hotel until the final disposal of a partition suit. The petitioner, a public limited company and secured creditor, had extended financial facilities to a partnership firm. The partners of the firm had also acted as guarantors and had created a security interest over the suit property in favour of the creditor. After default in repayment, the creditor initiated proceedings under Section 13 of the SARFAESI Act, 2002, took symbolic possession of the secured property, and obtained an order from the District Magistrate for delivery of physical possession.
Subsequently, the daughter of the borrowers filed a civil suit seeking partition and separate possession of her alleged share in the suit property, claiming it was ancestral property in which she held an undivided interest. The trial court rejected her application for temporary injunction. However, on appeal, the District Judge set aside that order and granted an injunction restraining the defendants from creating third-party interest in the property to the extent of the plaintiff’s share without due process of law.
