LAWS(KAR)-2022-6-1365

C. GANESH Vs. RAJASHEKARAN. R

Decided On June 24, 2022
C. Ganesh Appellant
V/S
Rajashekaran. R Respondents

JUDGEMENT

(1.) Petitioner claiming to be a tenant under 3rd respondent is before this Court under Article 226 of the Constitution of India praying to quash order (Annexure- A) dtd. 12/5/2022 passed in O.A.No.229/08 by the Debt Recovery Tribunal at Bangalore.

(2.) Heard Sri Dhananjay B.C., learned counsel for the petitioner and Sri Arun Kumar, learned Senior Counsel for Sri Keshava M. Datar, learned counsel for the caveator/2nd respondent.

(3.) Learned counsel for the petitioner would submit that petitioner is a tenant under the 3rd respondent/ debtor and the 2nd respondent-Financial Institution/Bank initiated recovery proceedings for default committed by the 3rd respondent/debtor under the provisions of the SARFAESI Act , 2002. Learned counsel further submits that if some time is given to the petitioner, petitioner would vacate and hand over vacant possession of the petition schedule property to the 2nd respondent-Financial Institution.