RAVI KUMAR S/O. LATE LAKSHMAIAH NO. 16, 9TH MAIN, 2ND CROSS MATADAHALLI, R.T. NAGAR BANGALORE - 560032 Vs. THE GRAIN MERCHANTS CO-OPERATIVE BANK A CO-OPERATIVE BANK REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT, HAV

JUDGEMENT

(1.) THE appellant in this appeal is assailing the order -dated 20.06.2011 passed by the learned Single Judge in W.P. No. 21602/2011 (GM -RES). The learned Single Judge has relegated the appellant to his remedy before the learned Magistrate when the appellant in his writ petition had sought for a declaration that the appellant is a bona fide tenant and that he cannot be thrown out by force on invoking Sections 13 and 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the 'Sarfaesi Act').

(2.) THE brief facts are that the appellant claims to be a bona fide tenant in respect of the property bearing Municipal Nos. 5, 6, 7 and 8, Nataka Ratna Veeranna Road (SC Road), Bangalore - 560 009. The said tenancy is claimed under Sri. H.J. Siwani and Sri. M.J. Siwani pursuant to a lease agreement dated 01.12.2008 and it is contended that the rent in respect of the same is being paid. The respondent -Bank initiated action in respect of the said premises to secure possession as provided under Sections 13(4) and 14 of Sarfaesi Act. The appellant claiming to be aggrieved by such action had filed the writ petition seeking protection to his physical possession by relying on a decision of a learned Single Judge of this Court in the case of Hutchinson Essar South Ltd. v. Union Bank of India and another AIR 2008 KAR 14 . The writ petition filed by the appellant herein was however disposed of in limine allowing the appellant to rely on the said decision before the Magistrate wherein the proceedings under Section 14 of the Sarfaesi Act was instituted.

(3.) IN the light of the above, we have heard Sri. Abhinav R learned counsel for the appellant and Sri. Gunasekaran, learned counsel for the respondents and perused the appeal papers.