SARABJIT SINGH Vs. TEHSILDAR, GURGAON, HARYANA AND ORS.

JUDGEMENT

(1.) M/s. Incentive Travels Pvt. Ltd. (respondent No. 5) and Anil Gujral (respondent No. 6) applied for and got sanctioned credit facility to the extent of Rs. 105 lacs in their favour from HDFC Bank respondent No. 2 (hereinafter referred to as "the bank") in the year 2005 and created an equitable mortgage in favour of the bank in respect of their property identifiable as property No. Q -3/12, DLF City, Phase II, Gurgaon. The credit limit was later on enhanced. Petitioner Sarabjit Singh along with Bhupender Singh (petitioner in CWP No. 19864 of 2015) claimed to have stood guarantors for repayment of the loan amount. The loanees failed to adhere to the fiscal discipline of the bank and it led to filing of an original application (OA No. 178 of 2010) before Debt Recovery Tribunal, Delhi (for short, "the Tribunal") wherein the learned Tribunal on June 18, 2014 passed the following order: - -

(2.) In the meantime, Civil Suit No. 355 of 2010, Ketika Kohli Swahney v/s. M/s. Incentive Travels Pvt. Ltd., came to be decreed for the recovery of Rs. Ten lacs vide decree dated August 03, 2010 by learned Additional District Judge, New Delhi. An execution application filed by the decree holder was transferred to the learned District Judge, Gurgaon as the mortgaged property was situated within the jurisdiction of that court. Incidentally, the property mortgaged in this case was the same as in the case out of which the instant Civil Writ Petition has arisen, i.e., No. Q -3/12 DLF City, Phase II, Gurgaon Haryana.

(3.) Learned District Judge, Gurgaon, the executing Court passed the following order on May 14, 2011: - -