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2024 DAILYLAW 2174 (DEL)

RASHMI PRABHA AND ANR. v. PUNJAB AND SINDH BANK AND ORS.

W.P.(C)/15954/2024 · 2026-02-02

Jasmeet Singh

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15954/2024, CM APPL. 67045/2024 RASHMI PRABHA AND ANR. .....Petitioners Through: Mr. Gopal Jha, Mr. Nimish Arjaria, Mr. Shireesha Sharma and Ms. Priyanshi Goel, Advs. versus PUNJAB AND SINDH BANK AND ORS. .....Respondents Through: Ms. Seema Gupta, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 02.02.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following reliefs: “a) issue appropriate writ, order or directions directing the Respondent bank to execute sale deed of Shop No.8, Municipal No.1390-91 and Shop No.9, Municipal No. 1390-91 situated at Ahata Banwari Lal Nicholson Road, Kashmere Gate, New Delhi in favour of petitioner; and / or b) issue appropriate writ, order or directions directing the Respondent bank to handover original deeds/conveyance of Shop No. 8, Municipal No.1390-91 and Shop No.9, Municipal No. 1390- 91 situated at Ahata Banwari Lal Nicholson Road, Kashmere Gate, New Delhi in favour of petitioner; and/or c) issue appropriate writ, order or directions directing the Respondent bank to handover actual physical possession of Shop This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2026 at 14:17:51 No.8, Municipal No.1390-91 and Shop No.9, Municipal No. 1390- 91 situated at Ahata Banwari Lal Nicholson Road, Kashmere Gate, New Delhi in favour of petitioner; and/or d) issue appropriate writ, order or directions directing Respondent bank to pay litigation cost, loss suffered by petitioner and exemplary cost for harassment; and/or e) issue such other writ, order or directions as this Hon'ble Court may deem fit appropriate in the interest of justice.” 2. The present petition shows a gross abuse of the auction process by respondent Nos. 1, 2, 3 and 4. 3. The facts are that in the present case, the respondent bank issued e- auction notice on 17.06.2016 for various properties including properties mentioned at serial Nos. 2 and 3 which read as under: 2 M/S Ramesh Motors Sh. Ramesh Sikka (Prop) All that part and parcel of the shop no. 9 in the property bearing Municipal no. 1390-91, admeasuring 120 sq. Ft. situated in Ground Floor in Ahata BanwariLal Nicolson Road, Kashmere Gate, Delhi-110006 in the name of Ramesh Sikka S/o Sh. Ram Saran Das Sikka with alleged tenancy Symbolic possession taken on 25.05.2015 Rs. 8.10 lacs Rs. 1.00 lacs Rs. 0.10 lacs Rs. 5249178/- as on 08.10.2001 plus further interest expenses and other charges etc. theron 3. M/S D.K. Motors Smt. Dilmeet Kaur (Prop.) All that part and parcel of the shop no. 8 in the property bearing Municipal no. 1390-91, admeasuring 120 Sq. Ft. situated in Ground Floor in Ahata BanwariLal Nicolson Road, Kashmere Gate, Delhi-110006 in the name of Ms. Dilmeet Kaur Rs. 8.10 lacs Rs. 1.00 lacs Rs. 0.10 lacs Rs. 11,64,674.22/- as on 08.10.2001 plus further interest, expenses and other charges etc. thereon. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2026 at 14:17:51 D/o Narinder Singh Sethi with alleged tenancy. Symbolic possession taken on 25.05.2015 4. The husband of the petitioner No. 1, Mr. Vijay Kumar Choudhary participated in the e-auction and was declared the highest bidder. The petitioner made a deposit of 25% of the reserve price in accordance with the auction terms and thereafter made the balance 75% payment also within the time as mentioned in the auction notice and terms and conditions. 5. On 16.08.2016, the sale certificate in respect of the aforesaid property was issued in favour of Mr. Vijay Kumar Choudhary on making the entire payment. Thereafter, the husband of the petitioner No. 1 wrote numerous letters to the respondent bank seeking execution of sale deed and handing over of the title documents. 6. He even filed a petition for eviction of the tenant under Section 14(1)(e) of the Delhi Rent Control Act, 1958 which came to be dismissed on 12.03.2018 on the ground that the petition was not maintainable. 7. The husband of the petitioner No. 1 died on 05.02.2022 and 09.12.2022 a survivor certificate was issued in favour of the petitioners. The petitioner No. 1 thereafter has been running from pillar to post seeking execution of sale deed in her favour. The petitioner No. 1 also sought original property chain documents from the respondent bank. 8. The respondent bank on 08.05.2024 rejected the complaint/representation of the petitioners and hence the present petition. 9. In the present case, the petitioner No. 1 is only seeking execution of sale deed in her favour. The sale certificate has already been issued in favour This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2026 at 14:17:51 of the husband of the petitioner No. 1 and on his death, the petitioners i.e. the wife and the son are the sole surviving legal heirs of late Mr. Vijay Kumar Choudhary. 10. Once the petitioners are the sole legal survivors of late Mr. Vijay Kumar Choudhary and have a survivor certificate, there is no reason or basis as to why the respondent bank should not and could not execute the sale deed in favour of the petitioner No. 1. 11. For the said reasons, the petition is allowed and the respondent Nos. 1 to 4 will intimate the petitioners on the date on which they will execute the sale deed in favour of the petitioner No. 1. 12. The costs of stamp duty shall be paid by the petitioner No. 1. 13. The needful shall be done within 4 weeks from today and a compliance affidavit will be filed by respondent Nos. 1 to 4. 14. The respondents and the Sub-Registrar shall execute the sale deed. In case the respondents or the Sub-Registrar does not execute the sale deed, the file shall be put up before the Court after 4 weeks. 15. Copy of the order be also communicated to the concerned Sub- Registrar for compliance. 16. After the execution of the sale deed, the petitioners will be entitled to avail eviction proceedings in accordance with law. 17. The petition is disposed of, with pending applications, if any. JASMEET SINGH, J FEBRUARY 2, 2026/dm This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2026 at 14:17:51