Aman Khetrapal v. Union Bank of India
Case brief
What is this about?
The appeal under Section 18 of the SARFAESI Act was dismissed by the Appellate Tribunal. The Tribunal held that since a prior interim order had already restrained the Bank from taking possession in a related appeal involving the same property and cause of action, there was no necessity to adjudicate the merits of the present application.
What did the court decide?
The appeal was dismissed with no order as to costs.
What the court decided
Appeal Dy. No. 1077/2022 Date: 12.01.2023
Aman Khetrapal & Ors. Vs. Union Bank of India & Ors.
Present: Shri S. K. Pandey, counsel for the appellants, Shri Sandeep Arora, counsel for the respondent-Bank, None for the other respondents,
Heard the learned counsels for the parties.
The present appeal has been filed under section 18 of the SARFAESI Act against an interim order dated 03.12.2022 passed by the DRT, Allahabad in S.A. No. 600/2021, whereby the interim application filed by the appellants was disposed off.
Learned counsel for the appellant submitted that the appellants are neither borrowers nor guarantors or mortgagors, but they are tenants in the property in question. It is further submitted that the property in question having 2590.08 sq. yards including residential accommodation in question covering the area of 400.19 sq. yards was brought under tenancy of late R.N. Khetrapal in the year 1955, who had bequeathed his tenancy right in favour of their grandsons, daughter in law i.e. Smt. Renu Khetrapal, wife Smt. Raj Khetrapal as well as younger son Shri Sunil Khetrapal in the year 1996. As such they became absolute/statutory tenants in the property in question.
Learned counsel for the appellants also submitted that during the period of tenancy, the Greenland (A & M) Corporation, which is a partnership firm, has purchased the property in question vide registered sale deed dated 12.09.2002, which became freehold vide registered Freehold Deed dated 23.03.2017 subject to tenancy rights of the appellants. The
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Issues for consideration
2 issues framed by the court
Whether an appeal under Section 18 of the SARFAESI Act should be allowed when the DRT dismissed an interim application as covered by an earlier interim order in another pending appeal involving the sa
Whether tenants of mortgaged property are entitled to interim relief against possession in light of a concurrent proceeding restraining the same action.
Parties & counsel
- appellant
Aman Khetrapal & Ors.
- respondent
Union Bank of India & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 091090010772022
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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