REENA GAMBHIR Vs. CENTRAL BANK OF INDIA
LAWS(DLH)-2020-12-13
HIGH COURT OF DELHI
Decided on December 22,2020

Reena Gambhir Appellant
VERSUS
CENTRAL BANK OF INDIA Respondents

JUDGEMENT

SUBRAMONIUM PRASAD, J. - (1.)Since the petitioner and the main contesting parties are common in both the writ petitions and they arise from the same set of facts, with the consent of the parties, both the petitions are taken up together for final adjudication.
(2.)W.P.(C) 10276/2020 is directed against an order dated 28.10.2020 passed by the learned DRAT setting aside an order dated 12.10.2018 passed by the DRT-II, Delhi. DRT-II, Delhi by its order dated 12.10.2018, had permitted the respondent No.1/Bank to auction the properties of the petitioner but had restrained confirmation of sale of one shop on the ground floor and the entire mezzanine floor between the ground floor and first floor (without roof rights and with proportionate free hold rights on the land underneath the structure measuring 134 square meter, being a part of building No. A-3, Block-A, CC Colony, Opposite Rana Pratap Bagh, Delhi, 110007 (hereinafter referred to as the property), owned by the petitioner, during the pendency of S.A. 207/2018.
(3.)W.P.(C) 10325/2020 is directed against the order dated 29.10.2020, in Appeal No.181/2019. By the impugned order, the DRAT has set aside the order dated 07.12.2018, passed by the DRT-II, Delhi in O.A. No.157/2015 wherein it has been held that the petitioner was not liable to pay any amount to the respondent No.1/Bank. The DRAT has directed that the Recovery Certificate qua the petitioner herein be issued for a sum of Rs.26,01,06,026/- along with interest @ 12% p.a. from the date of filling of the O.A., till realisation in full with a clause that in case the payment is not made within 30 days, the same shall be recovered from the sale of her two mortgaged properties situated in Rana Pratap Bagh, Delhi.


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