VIKRAM BHATIA Vs. ANDHRA BANK
LAWS(P&H)-2021-2-12
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 02,2021

VIKRAM BHATIA Appellant
VERSUS
ANDHRA BANK Respondents


Referred Judgements :-

VISHAL N. KALSARIA VS. BANK OF INDIA & ORS. [REFERRED TO]


JUDGEMENT

KARAMJIT SINGH,J. - (1.)Case has been heard through video conferencing on account of COVID-19 Pandemic.
(2.)The petitioner is before this Court in this writ petition to challenge order dated 18.9.2020 (Annexure P-6) passed by respondent No.4- Tehsildar (West)-cum-Officiating Executive Magistrate, Ludhiana, as the same is contrary to order dated 7.1.2019 (Annexure P-7) passed by Additional District Magistrate (Ludhiana) relating to property No.1124/1 Harnam Nagar, Ludhiana and being illegally implemented against property No.1114/4-A Harnam Nagar, Ludhiana.
(3.)In the writ petition, it has been pleaded that the petitioner took property No.1114/4-A Harnam Nagar, Ludhiana, on rent from respondent No.5-Varinder Singh vide rent deed (Annexure P-2). Respondent No.5 took certain loan from respondent No.1-Andhra Bank but he defaulted in repaying the same, on which respondent No.1 initiated action under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as 'the SARFAESI Act'), against the mortgaged property of the borrower. Property No.1114/4A which is being occupied by the petitioner as a tenant, was never mortgaged with respondent No.1 by respondent No.5. Now respondent No.1 intends to take forcible possession of the said tenanted premises.


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