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TMI Blog2025 (3) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... the mortgage. This submission alongwith the contention that her share in the said property cannot be put to auction by the bank are all disputed questions of facts which can only be adjudicated by DRT or DRAT. It is apparent from the submissions that the petitioner has stepped into the shoes of the borrower as she is claiming her rights upon the mortgaged property. It is also clear that the respondent no.1/bank has the first charge on the said mortgage property. It is apparent that the petitioner has to comply with the statutory requirement of making a pre-deposit in terms of Section 18 of the SARFAESI Act. No application seeking waiver of the pre-deposit was filed before the DRAT. In the present petition, there is no averment as to why p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI'). 3. He states that the respondent no.4/brother of the petitioner took advantage of the opportunity and lacunae in provisions of SARFAESI Act, to usurp the share in the property of his sister and the officials of the respondent no.1/bank, supported him by concealing the SARFAESI proceedings from her. 4. He states that the subject property was mortgaged by the father of the petitioner in 2012 when he acted as a guarantor for a loan extended to respondent no.3/company. He states that the father of the petitioner was of unsound mind at the time when the property was mortgaged and it was witnessed by the respondent no. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the property was mortgaged by the father on 13th April, 2012. The petitioner also does not dispute that the medical document alleging her father's mental illness or incapacity is dated 22nd August, 2015, i.e., post the creation of the mortgage. This submission alongwith the contention that her share in the said property cannot be put to auction by the bank are all disputed questions of facts which can only be adjudicated by DRT or DRAT. It is apparent from the submissions that the petitioner has stepped into the shoes of the borrower as she is claiming her rights upon the mortgaged property. It is also clear that the respondent no.1/bank has the first charge on the said mortgage property. 9. In view of the above, it is apparent that the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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