D. D. Sinha, J.

1. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. Writ petition is directed against the order dated 15.5.2012 passed by the Debt Recovery Tribunal – II, Mumbai whereby the Securitization Application No. 18 of 2012 filed by the petitioner came to be dismissed as well as judgment and order dated 7.8.2012 passed by the Debts Recovery Appellate Tribunal, Mumbai, whereby Appeal No.114 of 2012 filed by the petitioner against the order of the DRT came to be dismissed.

3. The contention of the petitioner is that the petitioner was having a possessory lien over the premises in question i.e. Office premises No. 106, 1st floor, 'A' Wing, 212, Dalamal Towers, Nariman Point, Mumbai 400021 and was in possession of the premises therefore the respondent could not have evicted the petitioner from the subject premises by invoking the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( “SARFAESI Act”) for the default committed by the REPL Engineering Limited in repayment of dues of the bank.

4. The counsel for the petitioner has submitted that the Tribunal has er