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2007 Supreme(Kar) 596

ASHOK B.HINCHIGERI
HUTCHISON ESSAR SOUTH LIMITED – Appellant
Versus
UNION BANK OF INDIA REPRESENTED BY ITS AUTHORISED OFFICER – Respondent


ASHOK B. HINCHIGERI, J, J.

( 1 ) ALTHOUGH the matter was listed for hearing on IA. I of 2007 for vacating the interim order of stay, I have taken up the main matter itself for disposal with the consent of learned advocates appearing for the parties.

( 2 ) THIS writ petition is filed seeking, interalia, a declaration that the petitioner's leasehold rights over the premises bearing No. 209, ist Main Road, Seshadripuram, Bangalore, are not regulated and/or covered by Securitisation and Reconstruction of Financial Assets and enforcement of Security Interest Act, 2002 (Securitisation Act' for short) and consequently the writ of certiorari for quashing the first respondent's communication, dated 8th December, 2005 (Annexure-D), which calls upon the petitioner to vacate the said premises before 15th December, 2005.

( 3 ) THE brief facts of the case are that the aforesaid premises was leased by the second respondent to the petitioner on a monthly rent of rs. 40,710/- (Rupees forty thousand seven hundred ten only) vide lease agreement, dated 9th February, 2004. The petitioner claims to have paid a security deposit of Rs, 6,10,650/- (Rupees Six lakh ten thousand six hundred and fifty only
































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