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DINESH MAHESHWARI, R.DEVDAS
HDB Financial Services Limited – Appellant
Versus
Remo Software Pvt. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Sri. Suresh V, Advocate
For the Respondents:Sri. Vedanth Anand Chugh, Advocate for R4, Notice to R1, R3, R6, R11 and R12 are dispensed with, Notice to R2, R5 & R8 are Held Sufficient, R7, R9 and R10 are served.

JUDGMENT

Dinesh Maheshwari, CJ.—Sri Madhukar M Deshpande, learned counsel for petitioner.

Sri K.Prasad Hegde, learned counsel for respondents 1 to 3.

These intra-court appeals are directed against the order dated 08.08.2017 in W.P.Nos.35597-35601/2017 and 35602-35604/2017, whereby the learned Single Judge, while disposing of the said writ petitions filed by the tenants/lessees of the borrowers, has not only accepted the submissions of the parties that the tenants were to be provided an opportunity to approach the Debts Recovery Tribunal (‘DRT’) under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’), but has further proceeded to issue generalised directions, purportedly to the effect that even the borrowers have a right to be heard under Section 14 of the SARFAESI Act.

2. These intra-court appeals were initially considered by a Division Bench of this Court on 20.06.2018 and taking note of the submissions made on behalf of the appellant with reference to the decisions of the High Courts of Gujarat, Allahabad and Bombay, these appeals were admitted for consideration and the part of order impugne


































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