The Tribunal held that under H.R. Salian and Bajarang Shyamsundar Agarwal, post-mortgage tenants cannot challenge eviction orders under Section 14 of the SARFAESI Act. The petition was dismissed, but eviction was directed within 30 days due to practical difficulties.
Applicants directed to quit and deliver vacant possession within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL –I AT CHENNAI
Dated this 22nd Day of September, 2022
PRESENT: SHRI A.S.JAYACHANDRA
Presiding Officer
S.A. No.55 of 2022
Egmore, Chennai – 600008.
No.41, P.C.O. Road,
Egmore, Chennai – 600008.
. . . Applicants
Versus
Teynampet, Chennai – 600018.
Applicant by Shri.Parivallal, Adv.
Defendant Bank byShri.Ramprasad, Adv.
1
: - O R D E R - :
2
: - O R D E R - :
The petition in SA/55/2022 stands dismissed. However, considering the practical human difficulties in relocating, it is hereby directed that the applicants shall quit and deliver the vacant possession of the property in question within 30 days from today, failing which the D1 Bank would execute the warrants obtained consequent to the orders of the Ld. CMM, Egmore, Chennai.
Sd/-
(A.S.JAYACHANDRA) PRESIDING OFFICER DRT-I, CHENNAI
(Dictated to PS, transcribed by him, corrected, signed and pronounced by me on this 22nd day of September, 2022)
3
1 issue framed by the court
Whether a tenant in possession of properties mortgaged to a bank can challenge the bank's eviction order under Section 14 of the SARFAESI Act post-Hemaraj Rathnakar Salian judgment.
Colour shows how this judgement treated each authority
Hemaraj Rathnakar Salian Vs. HDFC Bank Ltd.Followed¶27
Hemaraj Rathnakar Salian Vs. HDFC Bank Ltd., 2021 SCC online, SC 611 · Who else cites this
Bajarang Shyamsundar AgarwalFollowed¶27
Bajarang Shyamsundar Agarwal (2019(9) SCC 94) · Who else cites this
1 provisions across 1 enactments
M.Velliappan and K.V.V.Lakshmi
The Authorised Officer, IDFC First Bank Ltd.
Mr. Sathyanarayanan. R.
A.S. Jayachandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
