LAWS(KAR)-2022-7-1292

HOOR BANU Vs. MEERA LEWIS

Decided On July 14, 2022
Hoor Banu Appellant
V/S
Meera Lewis Respondents

JUDGEMENT

(1.) The petitioner, claims to be a tenant under respondent No.1, is before this Court challenging the notice issued by respondent No.2-Tahsildar in pursuance to the order passed under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ' SARFAESI Act ').

(2.) Heard learned counsel Sri.K.Shashikanth Prasad for the petitioner and learned Additional Government Advocate for respondent Nos.1 and 2.

(3.) Learned counsel for the petitioner would submit that the petitioner is a tenant under respondent No.1. Respondent No.1 had availed financial assistance from respondent No.3- Financial Institution and on his failure to repay the financial assistance, respondent No.3-Financial Institution initiated recovery proceedings under the SARFAESI Act . In pursuance to the said order, the notice at Annexure-D has been issued by respondent No.2-Tahsildar to vacate and handover the vacant possession of the premises in question, which is secured by respondent No.3. It is submitted that no notice was issued to the petitioner-tenant and he is not a party to the proceedings initiated by respondent No.3-Financial Institution. Thus, he prays for setting aside the notice dtd. 22/6/2022 at Annexure-D.