Matrimonial Dispute Cannot Defeat SARFAESI Action Against Mortgaged Property: DRAT Delhi

Meenakshi Goel Vs HDFC Bank Ltd. (DRAT Delhi) DRAT Upholds Refusal of Interim Relief Against SARFAESI Proceedings, Dismisses Appeal by Third-Party Occupant The Debts Recovery Appellate Tribunal (DRAT), Delhi, first considered the appellant’s application seeking waiver of the pre-deposit required under Section 18 of the SARFAESI Act. The appellant contended that she was neither the borrower, guarantor nor mortgagor and was an independent third party to the loan transaction. Relying on a Delhi High Court decision, the Tribunal held that the mandatory pre-deposit under Section 18 does not a...