SH DEVKI NANDAN vs MS CAPRI GLOBAL HOME FIN LTD on 21 October 2026

1. 1. The appellants filed S.A. bearing No. 353/2023 titled as **Devki Nandan & another v M/s Capri Global Home Finance Limited & others** which is stated to be pending before DRT-I, Delhi. DRT-I, Delhi vide order dated 05.07.2023 has rejected the prayer of the appellant for restraining the respondent no.1 Financial Institution from taking physical possession of the subject property which was scheduled for 06.07.2023. It was also mentioned in the impugned order that all the necessary issue shall be decided after filing of the reply, rejoinder and evidence of the parties.

2. 2. Sh. Vipul Saini, Counsel for the appellants stated that on 06.07.2023 the possession of the subject property was not taken and the S.A. is listed before DRT-I, Delhi on 20.11.2023. It is further stated that one application for filing additional documents are also pending before this Tribunal.

3. 3. The perusal of record reflects that the present appeal was filed to impugn the order dated 05.07.2023 whereby the relief of the appellant for restraining the respondent no.1 / Court Receiver for taking physical possession of the subject property on 06.07.2023 was declined. The appellants are still in the possession of the subject property and at present there is no dispossession notice is issued by respondent no.1. Although, Sh. Vipul Saini, Counsel for the appellants stated that the proceedings under Section 14 of the SARFAESI Act are listed before CJM.

4. In view of the submission made by Sh. Vipul Saini, Counsel for appellants, the present appeal is disposed of with the liberty to the appellants to file an application for placing on record the additional documents as well as file fresh application in case fresh notice for taking possession either served by the respondent no.1 or by the Court Receiver in accordance with law. The necessary steps be taken within two weeks from today. The appellants shall also be at liberty to revive of the present appeal in case of altered circumstances.

5. The DRT-I, Delhi is directed to decide the application if so filed in accordance with law without any delay. It is appears that there is no immediate threat of the possession of the subject property as on date. The present appeal along with pending application, if any, is accordingly disposed of.

6. The copy of this order be sent to DRT-I, Delhi for information and compliance.

----- **(Dr. Justice Sudhir Kumar Jain)** **Chairperson**

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