Delhi HC Directs Petitioner to Approach DRT; No Writ Against NBFC

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.

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