Rohit Khandelwal v. Karnataka Bank Limited
Case brief
What is this about?
The Debt Recovery Appellate Tribunal dismissed an appeal against an interim order authorizing a secured creditor to take possession of mortgaged properties. The court held that tenants claiming tenancy rights via unregistered lease deeds have no superior right to resist possession actions under the SARFAESI Act.
What the court decided
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appl. Dy No. 861 of 2024 (Arising out of S.A. No. 444 of 2024 – DRT-III Kolkata)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No.
08.10.2024
- Rohit Khandelwal Residingat Premises No BF 24 / 14 Baguiati Kolkata 700059
2.ATUL KUMAR RAI Residing at PREMISES NO BF-24/14, P.SBAGUAITI, KOLKATA 700059
3.BIKASH YADAV Residing at PREMISES NO BF-24/14, P.SBAGUAITI, KOLKATA 700059
... Appellant
--Vs--
- The Authorised Officer, KARNATAKA BANK LIMITED Having Office At 1st Floor Zonal Office Diamond Prestige No 11 A.J.C.Bose Road, Kolkata - 700017
Issues for consideration
2 issues framed by the court
Whether the right to remain in possession of tenants based on unregistered lease deeds prevails over the powers of a secured creditor under the SARFAESI Act to take possession of mortgaged property.
Whether tenants can establish entitlement to possession exceeding one year without a registered lease instrument pursuant to the Transfer of Property Act and the Supreme Court's precedent.
Parties & counsel
- appellant
Rohit Khandelwal & Ors.
- respondent
Karnataka Bank Limited & Ors.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 191090008612024
- Topic
- Property and Title
Similar cases
Judgements on the same questions, provisions and authorities, from every court