This order dismissed a special application filed by a tenant claiming protection against SARFAESI eviction measures. The court held that the applicant, having been inducted after the creation of the mortgage security interest, could not claim such protection.
The special application was dismissed; the file was consigned to the record room.
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 TRIBUNAL-I, CHANDIGARH
SA/36/2024
BIMAL KUMAR ARORA Vs JAMMU AND KASHMIR BANK LIMITED
18.03.2024 Item No.67
Present: Sh. Akhilesh Vyas, Counsel for the Applicant.
Sh. Vivek Verma, Counsel for respondent bank.
Parbhat Kumar Handa, (Applicant) has filed this SA against the Authorized Officer, Jammu and Kashmir Bank Limited and others (Respondents).
Admittedly, Jammu and Kashmir Bank had given some credit facilities to M/s Shri Handa Ornaments. Surjeet Singh was the guarantor, who had created security interest in respect of his property, in favor of the bank in the year 2010. Applicant claims himself to be a tenant under Surjeet Singh since 2014.
Mr. Chawla, Counsel for the applicant argues that the security interest was registered in the year 2013. However, the fact remains that applicant was inducted after the creation of the mortgage. Accordingly, he cannot claim protection against the SARFAESI action taken by the bank.
There is no merit in the present SA and the same is hereby dismissed . File be consigned to record room after due compliance.
Pronounced in open Court. Pankaj
(A S Narang) Presiding Officer DRT-I, Chandigarh
1 issue framed by the court
Whether an applicant claiming protection against SARFAESI action is barred by a prior mortgage created before his induction tenancy.
Bimal Kumar Arora
Jammu and Kashmir Bank Limited
A S Narang
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
