The Applicant is a tenant who entered into rental agreement with Respondent No.2 in the year 2o2o for a period of five years. Respondent No.2 herein is the owner of the schedule property and the Applicant taken the said property on rent in the month of November,2o2o and, paying the water and electricity bills regularly. when the Respondent No.2 tried to vacate the Applicant from the schedule property, the Applicant filed os.No.423ll21 for perpetual injunction and the same is pending. In the meanwhile, the lst Respondent issued demand notice dt.31 .o1.2023 to the 2"d Respondent and to the said notice, the Applicant gave reply on 27.02.2023 informing that the civil suit is pending between the Applicant and Respondent No.2. The Applicant also paid a total amount of Rs.l,33,600l- to the Respondent No.1 as per the request of the Respondent No.2. Thereafter the 1st Respondent recalled the demand notice dt.31.o1.2023 and issued fresh demand notice dt.22.O7.2O23. Thereafter without any prior notice, the 1"t Respondent proceeded u/s 14 of the SARFAESI Act,2OO2 by filing cr1.MP.No.352ol23 on the file of Ld.IV Addl.cMM, Hyderabad and the advocate commissioner appointed by the Ld.IV Addl.cMM, Hyderabad is trying to take physical possession of the schedule property without following the due process of law. Hence the SA.
