5. As far as issue of disposal of pending I.A. is concerned it is yet to be finally disposed off by the Learned DRT. Objections have been invited against the I.A. 966 of 2026. Matter is yet to be adjudicated by the Learned DRT. 6. As far as issue of interim protection is concerned, prima facie, the ground taken by the Appellant does not warrant an interference by the Learned DRT as no prima facie ground could be shown by the Appellant. Admittedly, Appellant is a guarantor of the loan account sanctioned in favour of the borrower by the Bank. Guarantor is also covered under the definition of “borrower”. Secondly, as far as issue of the Leave & License Agreement is concerned, the loan was sanctioned on 04.04.2019 and deed of guarantee was also executed on the same date. Notices under Section 13(2) was issued on 18.11.2022, whether the Leave & License agreement dated 30.05.2024 was executed with the consent of the Bank or not, has to be looked into by the Learned DRT at the time of final disposal of the I.A. Accordingly, no prima facie case is made out in favour of the Appellant. Even the balance of convenience is not in their favour. No irreparable loss could be caused to them. 7. As far as disposal of I.A. 966 of 2026 is concerned, that is to be decided by the Learned DRT in accordance with law as laid down by Hon’ble Supreme Court in respect of matter of Section 14 of the SARFAESI Act.
