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2014 Supreme(Online)(KER) 46622

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
P M ANSAR – Appellant
Versus
AUTHORISED OFFICER UNDER SARFAESI ACT – Respondent


JUDGMENT

The petitioner is a tenant of the third respondent who had created security interest over the property in connection with a financial transaction with the respondent Bank. Since the amount due under the loan was not satisfied by remitting timely instalments, the account was declared as 'NPA' and the Bank proceeded with steps under the SARFAESI Act . It was at this point of time, that the petitioner moved a claim with reference to Exts. P1 and P2 styled as lease deeds dated 29.07.2011 and 08.08.2012 respectively, seeking to have immediate intervention, by filing S.A. No. 274 of 2013. After hearing the petitioner, Ext.P5 interim order was passed on 26.03.2013. Subsequently, it was sought to be extended by filing I.A. No. 2688/2013, where upon, recording the undertaking of the learned counsel for the petitioner/applicant to grant two months' time to find out alternative premises, the Tribunal permitted the petitioner/tenant to occupy the said premises till 31.12.2013, as per Ext.P6 order dated 17.10.2013.

2. The petitioner filed I.A. No. 21/2014 seeking for further extension of time, which was dismissed as per Ext.P7 order, as devoid of any merit. The petitioner has approached

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