Appeal No. 12 of 2016. Case: Housing Development Finance Corporation Ltd Vs Sonki Srivastava and Ors.. Delhi DRAT DRAT (Delhi Debt Recovery Appellate Tribunals)

Case NumberAppeal No. 12 of 2016
CounselFor Appellant: Neeraj Kumar, Advocate and For Respondents: Party-in-Person and Pallav Saxena, Amicus Curiae
JudgesP.K. Bhasin, J. (Chairperson)
IssueProperty Law
Judgement DateSeptember 02, 2016
CourtDelhi DRAT DRAT (Delhi Debt Recovery Appellate Tribunals)

Judgment:

P.K. Bhasin, J. (Chairperson)

  1. Today, during the course of further hearing, my attention was drawn to the order dated 8.4.2016 passed by the Hon'ble High Court of Punjab and Haryana High Court in C.W.(P) 6676/2016 wherein the present respondent No. 1 was the petitioner. I am told that the said writ petition was filed by respondent No. 1 herein against the order dated 7.3.2016 passed by my learned predecessor in the present appeal whereby the operation of the impugned order of the DRT giving some interim protection to the respondent No. 1 (applicant in the S.A.), against her dispossession, was stayed. Before the Hon'ble High Court, respondent No. 1 had however submitted that she had no objection if the property in question was sold in accordance with law, but her concern was that the prospective buyers visiting the property for inspection should be bona fide and genuine persons and should not pose a threat to her and her children in any manner as she was staying alone in the property. The Hon'ble High Court, while disposing of the writ petition, had directed the DRT/DRAT to ensure that the persons who visit the flat for the purpose of inspection do so in the company of an officer authorized by the DRT/DRAT after at least 48 hours notice in writing to her. Today, the learned Counsel for the appellant submits that though respondent No. 1 has agreed for the sale of...

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