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2014 Supreme(Ker) 759

P.R.RAMACHANDRA MENON
V. R. SIVAN – Appellant
Versus
AUTHORISED OFFICER, FEDERAL BANK LTD. – Respondent


Advocates Appeared:
For the Petitioner: SRI.N.K.MOHANLAL
For the Respondent: SRI.A.ANTONY, SMT.LEELAMMA ANTONY, SRI.T.A.SHAIN

JUDGMENT :

The petitioner is a tenant of the building over which security interest was created by the borrower in favour of the respondent Bank, at the time of availing a loan. The borrower turned to be a defaulter, when the Bank proceeded with steps under the SARFAESI Act. The petitioner immediately approached the DRT, Ernakulam by filing S.A. No. 402 of 2013 contending that, he is in occupation of the premises as a tenant and that the respondent Bank is not justified in proceeding with steps without giving him an opportunity to put forth his version. It is also stated that, the DRT, Ernakulam had originally granted a stay, but subsequently, it came to be vacated. This made the petitioner to approach this Court by filing the writ petition.

2. Heard the learned counsel for the petitioner as well as Sri. A. Antony, the learned counsel for the respondent Bank.

3. According to the petitioner, he is a tenant of the building bearing door No.1/31(old) of Trissur Corporation, where 2nd and 3rd respondents were residing earlier. The building belongs to the 2nd respondent lessor which stands mortgaged to 1st respondent for a housing loan and a business loan availed in the year 2010. It is stat


























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