In an application under Section 14 of the SARFAESI Act challenging possession taken by a bank based on an alleged tenancy, the DRT relied on Harshad Sondagar. Finding tenancy documents unregistered contrary to Section 55A and no tenancy found on inspection, the Tribunal refused interim stay.
Stay prayer refused. Matter listed for further hearing.
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.
Debts Recovery Tribunat-3, Kolkata Order Sheet (Continuation)
| CaseNo.sA/7 | 9tlzo2Z 2";r;Id;,r';;.a;;-4-,"'.' |
|---|---|
| Date of Order | Orderwithsignature |
| OrderNo.3 pt.31/0at2023 |
PresentI ForApplicant: ForRespondent: ' ,:'.:.,trs, ,+b*a,l,t.C.*za .-..--.LL// |
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LA.No. 2182of2023istakenupforhearing. Heard boththecounsels ofeitherside. Infilingthis petitionitisalleged bytheSARFAESIApplicantthat Applicant'srightwas created asatenant priortomortgageof thepropertyasperSection2(G)oftheWBPTAct,1997. Respondent Bankhave obtainedSec.14orderfromtheLdDM, 24Pgs.inrespectof the suitpremisesof theborrower andthe BankandtheirrecoveryAgent andstaffhavedispossessedthe applicantsfromthepropertyonthebasisoftheorder.The SARFAESIApplicant has prayedforrestrainingthedefendants from taklng overphysicalpossessionoftheimmovableproperty wadthrespectofSection14oftheSARFAESIAct. LdCounsel appeartngfortheRespondentBankhasfiled affidavitinoppositionandhas statedthat theSARFAESI Applicantisnotatallalawfultenantinrespectofthesuit premises.t"loreover, Bank hastakenphysicalpossessionofthe securedproperty, SARFAESIApplicanthasannexedtwounregisteredTenancy Agreement appearingtobeexecutedon2/03/2016and 15/L2/2021, wherefromitwillbefoundthatdurationoftheFirst Agreementisfrcm2/03/2016upto2/04/202L,whercas durationofSecond Agreementisfrom1?/04/2021upto 7A/04/2026. 8utwefindthatboththeagreementsareunregistered instrumentandjustnotarizedonaRs. 10 non-judicialstamp paper. Moreover,itappearsthatdateofmortgage is3/01/201a andtheDefendant No.4beingtheborrower-mortgagor never intimatedabout thealleged tenancyatthetime ofcreationof mortgageasitappearsfrom theLetterEvidencing Depositof TitleDeed.Moreoveratthe time ofsecondtenancyagreement noappi'ovaloftheBankwasobtainedbytheborrower_ mortgagor. The Agreement containing durationof5 yeaEand heclausesofautomatjc extensjon is contrarytotheprovisions |
of Section 55 A of the Transfer of Property Act, 1882.
Seen the minutes prepared at the time of taking physical possession on 2L/Oa/2O23 along with copies of Inventory and Panchanama but no presence of tenancy has been found at the time of taking physical possession.
Perused the decision of the Hon'ble Supreme Court in (2014) 6 Supreme Court Cases 1 in the case of Harshad covardhan Sondagar Vs, International Assets Reconstruction Company Limited and Ors. (Criminal Appeals No. 736 of 2014 dated 3/a/21la. h any case if any tenant claims that he is entitled to thepossession of the secured assets for a term more than a year, it has to be supported by the execution of a registered instrument.
Considering all aspects and prima facie materials on record this Tribunal is not inclined to grant any interim order at this stage. Stay as prayed for is refused.
List the matter for hearing of S.A. on 4/O1/2O24. Applicant may file reply on the objection filed by the Respondent Bank.
( Kamal De ) Presiding Officer DRT-3, Kolkata
2 issues framed by the court
Whether an unregistered tenant agreement validly prevents the bank from obtaining possession under SARFAESI Act Section 14.
Whether the Tribunal should grant interim relief restraining the bank from taking possession.
Colour shows how this judgement treated each authority
Harshad Navinj法律制度 Sondagar vs. International Assets Reconstruction CompanyApplied¶5
(2014) 6 Supreme Court Cases 1 Harshad covardhan Sondagar Vs, International Assets Reconstruction Company Limited and Ors.
3 provisions across 3 enactments
SARFAESI Applicant
Respondent Bank
Kamal De
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
