Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF MR. SATYABRATA PANDA, DJ-04,
PATIALA HOUSE COURTS, NEW DELHI
18 CS NO. 115 of 2022
MANISH KUMAR JAIN Vs. PNB HOUSING FINANCE
LIMITED
14.08.2024
Present: Mr. Devender, Ld. Counsel for plaintiff through VC
along with plaintiff in person through VC.
Mr. Gambhir Singh Chaubey, Ld. Counsel for
defendant.
The plaintiff has filed the present suit seeking
recovery of Rs.10,00,000/- along with interest. The case of the
plaintiff, bereft of unnecessary details, is that the plaintiff had
purchased the subject property from Smt. Sarita Jain through a
registered sale deed dated 04.01.2019, however, later on the
plaintiff came to know that the property had been mortgaged with
the defendant and the defendant had initiated proceedings under
SARFAESI Act. The plaintiff had filed a writ petition before the
Hon’ble High Court of Delhi being WPC No. 6398/20 in which
the plaintiff offered to settle the matter along with the borrowers
of the loan for Rs.96,00,000/-. The plaintiff deposited a sum of
Rs.10,00,000/- with the defendant. However, later on the
borrowers of the loan denied to pay the offer amount and the writ
petition was dismissed as withdrawn. As stated in paragraph 15
of the plaint, it is the plaintiff’s case that the subject property is in
the possession of the defendant and the defendant has rights to
dispose of the subject property. On this basis, it is the plaintiff’s
case that he had never taken any loan from the defendant and is
entitled to refund of the amount of Rs.10,00,000/- which was
Cont…../-2-
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deposited by him with the defendant. On this basis, the plaintiff
has filed the present suit for recovery.
On the last date of hearing, ld. counsel for the
defendant had requested for some time to take instructions from
the defendant. These instructions were regarding the status of the
subject property and the status of the auction proceedings.
Ld. counsel for the defendant has today again
requested for some more time to take instructions.
A responsible officer from the defendant company
who is conversant with the facts of the case shall remain present
on the next date of hearing.
Re-list for consideration of the pending application
on 27.11.2024.
(SATYABRATA PANDA)
District Judge-04
Judge Code- DL01057
PHC/New Delhi/14.08.2024
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