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Borrowers Can’t Claim Right to Shelter After Mortgaging Home: Rajasthan High Court Dismisses Plea Challenging SARFAESI Action

18/11/2025

Borrowers Can’t Claim Right to Shelter After Mortgaging Home: Rajasthan High Court Dismisses Plea Challenging SARFAESI Action

The Rajasthan High Court, Jaipur Bench has held that a borrower who knowingly mortgages his only residence for a business loan cannot later take shelter under Article 21 or Section 60 CPC to prevent recovery proceedings. The Bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Baljinder Singh Sandhu dismissed a writ petition challenging…

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Mariya Paliwala https://www.jurishour.in/

Mariya is the Senior Editor at Juris Hour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.

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Borrowers Can’t Claim Right to Shelter After Mortgaging Home: Rajasthan High Court Dismisses Plea Challenging SARFAESI Action

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