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2024 Supreme(Online)(DRAT) 489

DEBT RECOVERY APPELLATE TRIBUNAL
Justice Shri G. CHANDRASEKHARAN
GIREESH BABU – Appellant
Versus
CITY UNION BANK LIMITED – Respondent


ORDER

1. This appeal is filed under Section 18 of SARFAESI Act, as against the order dated 3.2.2020 in IA 1652/2018 in SA 316/2018 passed by Ld. Presiding Officer, DRT-2, Ernakulam. The said SA was filed against the order dated 24.9.2019 passed by Ld.CJM, Thiruvananthapuram in CMP No.3759/2018 in MC 723/17 and IA 1652/2018 in the said SA was filed to stay all further proceedings.

2. Ld. Counsel for appellant submitted that the appellant entered into a lease deed of the mortgaged property through an unregistered lease deed dated 30.11.2013 and thereafter the said lease was extended through a registered lease deed for a period of 3 years on 4.11.2014. It is further submitted that the appellant was thus protected by the unregistered and registered lease deeds, therefore, there cannot be a proceedings under SARFAESI Act and under the circumstances, the proceedings initiated by the Ld. CJM, Thiruvananthapuram is illegal. Aggrieved by the said order, said SA was filed along with along with astay petition.It is further submitted that Tribunal below, without considering the merits involved in the case proceeded to dismiss the IA 1652/2018 in SA 316/2018.

3. In reply, Ld. Counsel for responden

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