Full Text
HIGH COURT OF DELHI
Date of Decision: 15.09.2025
DEUTSCHE BANK AG .....Appellant
Through: Mr. Rahul Tyagi, Mr. Aaditya Singh, Mr. Satwik Mitra, Advs.
Through: Mr. Pradip Diwan, Sr. Adv.
Mr. Pragalbh Bhardwaj, Adv. for R-
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
JUDGEMENT (ORAL)
ANIL KSHETARPAL, J.
JUDGMENT
1. The Appellant (Defendant before the learned Single Judge) assails the correctness of the order passed by the learned Single Judge on 15.10.2024, in substance, the Respondent No.1 (Plaintiff before the learned Single Judge) claims that her husband-Sh. Nikhil Gupta, while borrowing a loan from the Appellant, mortgaged the entire property, including her share in the said property, by forging her signatures.
2. The Appellant took steps to recover the amount as per the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest, Act 2002 [hereinafter referred to as ‘SARFAESI Act’]. The Appellant also filed an application under Order VII Rule 11 of the Code of the Civil Procedure [hereinafter referred to as ‘CPC’] claiming that under Section 34 of the SARFAESI Act, the suit is not maintainable.
3. On 15.10.2024, the learned Single Judge made the following observations in Paras 3, 4 and 5 which are extracted as under:-
4. The suit is at the preliminary stage. Even while, recording primafacie observations, the Court is required to be careful, lest it may prejudice the interest of one of the parties.
5. This Bench does not find it appropriate to further examine the matter, particularly when the suit is pending and an application under Order VII Rule 11 of the CPC is yet to be decided. However, the observations recorded though prima-facie, in Para 4, are not necessary in the peculiar facts of the case. Hence, the observation in Para 4 shall stand deleted.
6. The learned Single Judge is requested to take up the application under Order VII Rule 11 of the CPC and make sincere endeavours for its expeditious disposal.
7. With these observations, the present Appeal, along with pending application, is disposed of.
8. Needless to observe that, learned Single Judge will proceed to decide application under Order VII Rule 11 of the CPC, uninfluenced by the observations made in the order dated 15.10.2024. ANIL KSHETARPAL, J. HARISH VAIDYANATHAN SHANKAR, J. SEPTEMBER 15, 2025/sp/db