RITU GUPTA Vs. USHA DHAND

JUDGEMENT

(1.) For the reasons stated therein, the application is allowed. The delay in Defendant No.5 filing the written statement by is condoned. IA Nos. 6546-47 of 2011 (Order VII Rule 11 CPC by Defendants 5 and 4)

(2.) These are two applications filed by the Defendant Banks, seeking rejection of the plaint on the ground that there is a bar under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act') to entertaining the suit.

(3.) The background to these applications is that the above suit has been filed by Ms. Ritu Gupta and Ms. Kavita Verma, Plaintiffs 1 and 2 against, Ms. Usha Dhand, Defendant No.1, Mr. Naveen Kapoor, Defendant No.2, Mr. Akash Deep Kapoor, Defendant No.3, PNB Housing Finance Limited ('PNBHFL'), Defendant No.4, Syndicate Bank, Defendant No.5, Sub-Registrar-VIII, Shakarpur, Delhi, Defendant No.6, Bank of Baroda ('BoB'), Defendant No.7 and UCO Bank, Defendant No.8 for a declaration that the Plaintiffs are the rightful owners of the property at J-2/9, Krishna Nagar, Delhi-110 051 measuring 114 sq. yds. ('the suit property'), by virtue of the registered Sale Deed dated 28th April 2010; that the Sale Deeds dated 23rd August 23rd August 2006, 28th August 2006, 18th October 2006, 27th November 2006 and 26th February 2007 executed by Defendant No.1 in favour of Defendants 2 and 3 are null and void and for decree of permanent and mandatory injunction to restrain the Defendants from dealing with the suit property.