PANKAJKUMAR CHANDULAL ANTALA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) HEARD learned advocates appearing for the parties. Both these petitions invoke almost identical facts and question of law and, therefore, heard and decided accordingly.

(2.) BOTH these petitions are filed under Article 226 of the Constitution of India challenging action of respondent-Bank from taking possession of the secured assets namely Flat Nos. 602 and 901 of Ekta Tower, Triputinagar, Nirmala Road, B/h. Cancer Hospital, Rajkot, on the ground that both the petitioners are tenant and have been residing with their families and summary eviction cannot be effected by the respondent-Bank in exercise of powers under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest, 2002 (in short" SARFAESI Act, 2002" ).

(3.) SO far as Special Civil Application No. 13887 of 2008 is concerned by way of memorandum of entry, on 20. 9. 2004 by depositing title deeds, original borrower namely Nilesh M. Savaliya borrowed Rs. 15 lacs from respondent-Bank on certain terms and conditions. The above property was purchased by said Shri Nilesh M. Savaliya- original borrower from one Shri Pravinbhai Bhanubhai Dave by way of sale deed dated 8. 9. 2004 with consideration of Rs. 16. 50 lacs and the above Flat No. 602 of Ekta Tower admeasured 1600 sq. feet of super built up area. The sale deed is dated 8. 9. 2004 in which clause 2, it is stated that having accepted full consideration of Rs. 16. 50 lacs vacant/peaceful and dispute free possession is handed over by the seller to purchaser. 3. 1. It is the case of the petitioner that the said Flat No. 602 of Ekta Tower is given on rent for Rs. 2500/- by said Shri Nilesh M. Savaliya and receipts of payment are annexed with the petition.