High Court dismissed a writ petition challenging an auction sale by a bank tenant, holding the petitioner must approach the Debt Recovery Tribunal to adjudicate tenancy claims under the SARFAESI Act instead of seeking a writ of certiorari.
Writ petition dismissed; liberty given to approach the Debt Recovery Tribunal.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2018
CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P(MD)No.19210 of 2018 and W.M.P(MD)Nos.17044 and 17045 of 2018
Indira
vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari to call for the records on the file of the 1st respondent in the impugned auction sale dated 31.07.2018 published by the 1st respondent in Times of India and the Hindu on 02.08.2018 and quash the same.
For Petitioner : Mr.S.Venkatesh for Mr.A.Sivaji
(Order of the Court was made by T.RAJA, J.)
This Writ Petition has been filed challenging the sale notice issued long time ago, namely, on 31.07.2018, that too, by the tenant.
2
Recovery of Debt Law and Miscellaneous Provisions (Amendment) Act, 2016, made it clear that if any person claims any tenancy or leasehold rights upon the secured asset, the Debt Recovery Tribunal, after examining the facts of the case and evidence produced by the parties in relation to such claims shall, for the purpose of enforcement of security interest, have the jurisdiction to examine whether lease or tenency-
(a) has expired or stood determined; or
(b) is contrary to Section 65A of the Transfer of Property Act, 1882 (4 of 1882); or
(c) is contrary to terms of mortgage; ... etc.
Sd/
Assistant Registrar (AE)
/True copy/
Sub Assistant Registrar (CS-II)
+1cc to Mr.A.SIVAJI, Advocate, SR.No.82321
W.P(MD)No.19210 of 2018 and W.M.P(MD)Nos.17044 and 17045 of 2018
05.09.2018
RR
KK/SV/SAR-2/05.09.2018/2P-2C
2 issues framed by the court
Whether a petitioner claiming tenancy rights should approach the High Court via writ petition or the Debt Recovery Tribunal.
Whether the Debt Recovery Tribunal has jurisdiction to examine tenancy claims against secured assets under the SARFAESI Act.
Colour shows how this judgement treated each authority
Vishal N.Kalsaria v. Bank of India and othersFollowed¶17
Vishal N.Kalsaria v. Bank of India and others [(2016) 3 SCC 762] · Who else cites this
1 provisions across 1 enactments
Indira
Karur Vysya Bank
Sudha
T. RAJA
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
