S.C. DHARMADHIKARI, J.

1. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of writ of certiorari or any other appropriate writ, order or direction under Articles 226 and 227 of the Constitution of India, calling for the records and proceedings from respondent Nos.2 and 3 in respect of Notice dated 28-3-2016 (impugned Notice) issued by respondent No.2 to respondent Nos.1, 4 and 9 and thereafter to set aside not only that Notice but also an order of the Collector and District Magistrate, Dadra & Nagar Haveli, Silvassa, dated 18-2-2016, pursuant to which this Notice has been issued.

2. The petitioner is an Indian citizen and claiming to be resident of Silvassa, Union Territory of Dadra & Nagar Haveli. The first respondent is a Nationalised Bank. The second respondent is the Mamlatdar, Dadra & Nagar Haveli, Silvassa. Respondent No. 3 is the authority, namely, the Collector and District Magistrate, Dadra & Nagar Haveli, Silvassa, who is empowered to pass order under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”, for short). Respondent No. 4 is a company incorporated and registered under the Indian Companies Act, 1956. Respondent Nos. 5, 6 and 7 are the Directors of respondent No.4-company and have also guaranteed the dues of the said company. Respondent No.8 is another guarantor whereas the 9th respondent to this writ petition is the Police Inspector of the local police station.

3. The petitioner claims to be trading in the name and style “Manoj Textiles”. He claims that he is the sole proprietor thereof. He claims that an immoveable property belonging to respondent No.4 and more particularly described in para 2 has been handed over to him and a leasehold interest is created in his favour. Thus he claims to be a lessee under the lessor/landlord respondent No.4.

4. It is this immoveable property of which possession was to be taken in pursuance of the order dated 18-2-2016, passed by respondent No.3-Collector and District Magistrate, Dadra & Nagar Haveli, Silvassa. That order dated 18-2-2016 resulted in a further step, namely, Notice dated 28-3-2016. That informs all concerned that possession of the immoveable property, more particularly described in the order and the Notice would be taken on 14-4-2016.

5. The petitioner states that some alleged loan/financial and credit facilities were extended to respondent No. 4-company by the first respondent-Nationalised Bank under sanction letters dated 1-2-2010 and 24-9-2013. That loan or facility was secured by mortgage of immoveable property. That dues were guaranteed allegedly by respondent Nos.5 to 8, who were Directors of respondent No.4.

6. The petitioner claims that the Bank has suppressed a material and relevant fact in relation to the petitioner's leasehold/tenancy rights. The Bank has also suppressed that there was an order of injunction dated 5-12-2014. That was passed by the Court of Civil Judge, Senior Division, Dadra & Nagar Haveli at Silvassa in Special Civil Suit No. 100 of 2014. That order of injunction is an interim order. Eventually, this suit has been decreed on 26-2-2016. Thus, the petitioner is declared as a lawful tenant of respondent No.4-company in respect of this immoveable property and a permanent injunction has been granted in his favour restraining the defendants to that suit from obstructing or interfering with the petitioner's enjoyment of the tenancy rights and his possession of the said property. The first respondent-Bank was never a party to this suit filed by the petitioner herein.

7. Annexures “C” and “D” to the petition are the orders of temporary injunction and the eventual decree.

8. The petitioner claims complete innocence and states that he learnt for the first time about the mortgage of this property, that is, on reading a possession Notice dated 6-4-2015, published in daily newspapers Free Press Journal (English)