9911796707
TMI Blog2015 (4) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... and thereafter passed an order under Section 14 of the said Act, where it was held that there is no provision in Section 13 of the SARFAESI Act that a lease in respect of a secured asset shall stand determined when the secured creditor decides to take the measures mentioned in Section 13 of the said Act. Without the determination of a valid lease, the possession of the lessee is lawful and such lawful possession of a lessee has to be protected by all courts and tribunals. The ratio of the judgment in the case of HARSHAD GOVARDHAN SONDAGAR VERSUS INTERNATIONAL ASSETS RECONSTRUCTION CO. LTD ORS, more particularly law laid down, in paragraph 36 is binding on this Court. Therefore, the learned Magistrate, in our view, has rightly passed order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments in support of her contention that the Petitioner is tenant of the property. 4. On the other hand, learned counsel appearing on behalf of the Respondent-Bank submitted that in view of the judgment of the Apex Court in the case of - Harshad Govardhan Sondagar, Appellant Vs. International Assets Reconstruction Company Limited & Ors., Respondents [(2014) 6 SCC 1], since the tenants do not have registered instrument of lease in their favour executed by the landlord, and the Magistrate has rightly rejected their application seeking protection. He submitted that in the case of - Harshad Govardhan Sondagar (supra), Petitioners therein had intervened, and their case was considered and the matter was remanded to the Chief Metropolitan Magistra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a is also guarantor for the facilities given by the bank. 3. Signatory and privy to all loan transaction. 4. Sureshbhai Kukadia is family member of the owners of the property. 8. SLP No. 4061 of 2012 7. In Writ Petition (L) No. 713/2015 filed by Vallabhai P Surani, following are the details : 1. Details of property 2005, 20th Floor, Chandanbala Malabar Hill 2. Owned by Jivrajbhai P Surani 3. Date of Purchase 05.12.1985 (registered in 2000) 4. Date of Mortgage 12.09.1997 5. Date of Lease/Tenancy 01.08.1994 6. Document No registered Document. Few rent receipt and address proof on record. 7. Relation of Tenant with Borrower / Guarantor 1. Tenant is Director in J B Diamonds. 2. Tenant is also guarantor for the faci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o properties, the details are mentioned in the above two charts. 9. Lastly, Sureshbhai Kukadia and Bhagwanbhai Kukadia (Directors) filed Writ Petition No. 707/2015, its details are as under: 1. Details of property Office No. 418, 4th floor, Prasad Chambers 2. Owned by J. B. Diamonds Ltd (under liquidation) 3. Date of Purchase 04.05.2002 4. Date of Mortgage 11.12.2002 5. Date of Lease/Tenancy July 2003 6. Document No registered Document. Few rent receipt and address proof on record. 7. Relation of Tenant with Borrower / Guarantor 1. Suresh Kukadia is Director in J B Diamonds. 2. S. Kukadia is also guarantor for the facilities given by the bank. 3. Bhagwanbhai is also Director, Guarantor and mortgagor. 4. Signatory a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
