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P.K.BHASIN
Abhinav Kumar – Appellant
Versus
Oriental Bank of Commerce – Respondent


Counsel for the Parties:
For the Appellants:Mr. S.K. Sharma, Sr. Advocate with Mr. Pankaj Vivek and Mr. Rahul Sharma, Advocates.
For the Respondent:Mr. S.K. Garg, Advocate.

ORDER

P.K. Bhasin, Chairperson— The appellants in these two appeals claiming themselves to be tenants in two separate floors of a property in a posh area (Diplomatic Enclave, West End Colony) of New Delhi under the same landlord Shri G.R. Kohli w.e.f. 1.10.2015 for a period of 18 years approached the Debts Recovery Tribunal (DRT) with an application under Section 17(1) read with Sub-section (4-A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ in short) when the respondent Bank wanted to take physical possession of the floors in their occupation in exercise of its powers under Sections 13(4) and 14 of the said Act. That action was initiated when its borrower M/s. Krishan Chander Ramesh Chander Pvt. Ltd., of which Shri G.R. Kohli, whom the appellants claim to be their landlord, was one of the directors, defaulted in re-payment of the financial facilities advanced to it. Re-payment of the Bank’s money was secured by way of equitable mortgage of the property in which the appellants claim to be in occupation as tenants. In those applications (being S.A. Nos. 60/2016 and 61/2016) the appellants had sought quashin





































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