MOHAN BHANDAR Vs. VIJAYA BANK KUVEMPUNAGAR BRANCH

JUDGEMENT

(1.) These petitions are taken up together and disposed of by a common order, since issues involved in these writ petitions would overlap each other while being adjudicated, apart from parties as well as subject property of these writ petitions are one and the same.

(2.) W.P.Nos.27975-77/2018 is filed by the tenants of property bearing No.'Y' named Nageetha Complex situated at Saraswathipuram, Tonachikoppal 2nd Stage, Mysuru (hereinafter referred to as 'secured asset-Saraswathipuram') and they have sought for quashing of the order dated 13.06.2018-Annexure-C passed by fourth respondent under Section 25(aa) of Recovery of Debts and Bankruptcy Act, 1993 (for short 'DRT Act') in TRC No.339/2017 (DCP No.2933) in O.A.No.620/2001 and in alternate they have prayed for a direction to the fourth respondent to consider the review application preferred by them vide Annexure-F and pending consideration of the same to direct respondents 1 to 4 not to interfere with the possession of the secured asset-Saraswathipuram. Petitioners are also seeking for a declaration that petitioners leasehold rights over the schedule property are not regulated by and/or covered by Debt Recovery Tribunal Act, 1993 and for further direction to respondents 1 and 4 not to interfere with their possession of secure asset.

(3.) W.P.Nos.37111-117/2016 have been filed by the same petitioners namely, who are petitioners in earlier referred writ petitions and they are calling in question order dated 21.03.2016 Annexure-C passed by second respondent (hereinafter referred to as 'District Magistrate') under Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short 'SARFAESI' Act) whereunder first respondent- Bank has been permitted by District Magistrate to take physical possession of the secured asset- Saraswathipuram (i.e., portions) in occupation of the petitioners. They have also sought for quashing of notice dated 13.06.2016-Annexures-E to E-3 issued by first respondent Vijaya Bank (hereinafter referred to as 'Secured creditor' or 'Bank') whereunder the Bank has intimated the petitioners that if possession of secured asset (portions of property in occupation of petitioners) is not handed over to Bank, it would take vacant possession of said property with the assistance of law enforcement officials as per Court order dated 21.03.2016.