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2019 Supreme(All) 856

YASHWANT VARMA
AGME Marketing Private Limited – Appellant
Versus
Canara Bank – Respondent


Advocates Appeared:
Rakesh Pande, Adv., Kartikeya Saran, Adv., Arvind Srivastava, Adv.

JUDGMENT :

Yashwant Varma, J.

Heard Sri Rakesh Pande, learned Senior Counsel in support of the petition, Sri Arvind Srivastava, learned counsel has appeared for the Canara Bank while Sri Kartikeya Saran addressed submissions on behalf of the eighth respondent (the "auction purchaser"). The third and fourth respondents (the "original borrowers") although duly served as evidenced from the Affidavit of Service filed in these proceedings have not appeared. Learned Standing Counsel appeared for the respondent Nos. 5 to 7.

2. The petitioners claim to be tenants "holding over" pursuant to a lease deed executed by the original borrowers on 4 April 2012. They assail the order dated 21 February 2019 passed by the Debt Recovery Tribunal (DRT) in proceedings instituted by Canara Bank (Bank) referable to Section 14 of the SARFAESI Act, 2002 (2002 Act). Challenge is also laid to the order dated 3 May 2019 as passed by the Debt Recovery Appellate Tribunal (DRAT) upholding the decision rendered by the DRT. The challenge before the Tribunal was to the initiation of action under Section 13 of the 2002 Act by the Bank. The petitioners assert that since they were tenants holding over under a valid lease

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