ZAHID HUSSAIN Vs. KOTAK MAHINDRA BANK

JUDGEMENT

(1.) Since, learned counsel for the Respondent has entered appearance on behalf of the Respondent, the caveat stands discharged. W.P.(C) 6899/2024 and CM APPL. 28730-28731/2024

(2.) Present writ petition has been filed seeking quashing of the judgement dtd. 26/4/2024 passed by Debt Recovery Tribunal-II, New Delhi ('DRT') in TSA 37/2022 ('formerly SA 274/2022'), whereby, the learned Tribunal has dismissed the application filed by the Petitioner under Sec. 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').

(3.) The application under Sec. 17 of the SARFAESI Act, was filed by the Petitioner (along with his brothers) seeking a prayer that orders dtd. 5/3/2021, 20/3/2022 and 23/5/2022 passed by the Chief Metropolitan Magistrate ('CMM') appointing a Receiver for taking over possession of the property i.e., basement, ground floor and third floor along with roof rights of the property bearing plot no. 17 admeasuring 200 sq. yds. in Block No. B-4, in the layout plan of Safdarjung Development Residential Scheme ('subject property').