LIVGREEN CLEANTECH PRIVATE LIMITED Vs. COLLECTOR/DISTRICT MAGISTRATE

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 357 of 2019 dtd. 15/5/2019.

(2.) The appellant herein M/s Livgreen Cleantech Private Limited (a company incorporated under the Companies Act, 1956) invoked the jurisdiction of this Court, under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the order passed by the Debts Recovery Tribunal in S.A. No. 8 of 2019 dtd. 8/2/2019 to the extent interim relief, sought for by the appellant-writ petitioner in its interim relief application, was not granted; and for a writ of mandamus commanding respondent nos. 1 and 2 not to proceed with the order dtd. 26/11/2018 till the disposal of the interim relief application.

(3.) Facts, to the limited extent necessary, are that the subject property was mortgaged in favour of the third respondent-Bank on 23/1/2007. It is after the subject property was mortgaged, that the borrower had leased the subject premises in favour of M/s Navitas Green Power (Fuel Management) Private Limited (an affiliate of the appellant-writ petitioner) by way of a registered lease-deed dtd. 11/3/2013 for a period of four years. While the appellant-writ petitioner claims that M/s Navitas Green Power (Fuel Management) Private Limited had sub-leased the property in their favour by way of an unregistered lease-deed dtd. 5/8/2014, the fact remains that the borrower entered into a lease agreement with the appellantwrit petitioner on 22/1/2018. The subsequent lease-deed dtd. 22/1/2018 neither refers to the earlier lease being renewed nor that M/s Navitas Green Power (Fuel Management) Private Limited had sub-leased the subject property in the appellant-writ petitioner's favour earlier.