DEEPAK AGGARWAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) HEARD Mr. Pramod Belwal, Advocate for the petitioner, Mr. Subhash Upadhyaya, Brief Holder for the State of Uttarakhand and Mr. S.K. Jain, Advocate for the respondent -Bank.

(2.) THE petitioner before this Court is a tenant in a premises no. 760 Indra Nagar Colony, Niranjanpur, P.O. New Forest, Dehradun. He is aggrieved primarily by the action of respondent no. 2 i.e. Punjab National Bank through its Chief Manager, Karanpur, Dehradun, who has initiated proceedings under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (from hereinafter referred to as the Act.).

(3.) THE contention of the respondent -Bank before this Court in its counter affidavit is that it has been specially stated by the Bank that the petitioner is not a bona fide tenant of the property, which has been mortgaged to the Bank. Moreover, the petition has for all practical purposes been filed by the petitioner on behalf of the borrower Rajinder Kishore Srivastava and the borrower is unnecessarily raising the plea on behalf of a tenant so that possession may not be taken by the Bank. In order to substantiate his argument the Bank has drawn the attention of this Court to a suit for injunction filed by the tenant i.e. the present petitioner against respondent no. 3 i.e. landlord being original suit no. 263/09, which is pending before the Civil Judge (Junior Division), Dehradun. The attention has been drawn by the counsel for the Bank Mr. S.K. Jain of the order passed by the court on the temporary injunction application on 24.3.2009. The order indicates that at the time of passing of the order on the temporary injunction application, a caveat had already been filed by the landlord, who was present in the court and he did not object to the status quo being granted in favour of the tenant i.e. the plaintiff.