1. None appears on behalf of the bank.

2. Due to inadvertence the names of learned advocates for the bank have been recorded in the order dated 16th July, 2025 although none appeared on behalf of the bank on that day. Let the names of the advocates appearing for the bank be treated as deleted from the order dated 16th July, 2025.

3. The petitioner claims to be a tenant of a property in respect of which order has been passed under the provisions of the SARFAESI Act in favour of the bank for obtaining possession on account of non payment of the loan amount.

4. The sheet anchor of the petitioner’s submission is that the petitioner is a pre mortgage tenant. The bank obtained order under Section 14 of the SARFAESI Act completely suppressing the fact of tenancy.

5. Prayer has been made to set aside any step taken by the bank to oust the petitioner from the tenanted premises without taking due recourse of law.

6. The landlord admits the petitioner as pre mortgage tenant. The loan agreement has been produced before this Court wherein the fact of tenancy is mentioned.

7. Learned advocate representing the landlord submits that an application under Section 17 of the Act is pending considerati