RAMJI DASS ARORA Vs. SUNITA SHARMA

JUDGEMENT

(1.) Present suit has been filed for recovery of Rs. 5,19,51,074/-. The application being I.A. 22254/2014, under Order 12 Rule 6 CPC, has been filed seeking decree on admission of Rs. 1,91,00,000/- against the defendant pending adjudication of other claims of the plaintiff.

(2.) Mr. S.C. Singhal, learned counsel for the plaintiff-applicant states that the defendant has filed a written statement in which she has admitted receipt of Rs. 1,91,00,000/- as part of the sale consideration for House No. 147, measuring 434 sq. mtrs. in Sector 38, U.E., Gurgaon, Haryana.

(3.) Mr. Singhal further states that the plaintiff has been dispossessed by IDBI Bank after resorting to proceedings under Section 13 of The Securitisation and Reconstruction of Financial Assests and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act"). He states that lien of IDBI Bank on the suit property was not disclosed by the defendant to the plaintiff.