MAHENDRA KANJIBHAI VAGADIYA Vs. AXIS BANK LIMITED

JUDGEMENT

(1.) The petitioner Shri Mahendra Kanjibhai Vagadiya claiming to be the tenant of the respondent No. 5 and 6 in respect of the plot nos. 1 to 15 admeasuring 3981.4 sq. mts. of revenue survey no. 1109/1 situated within the city limits of Jamnagar has filed the present petition seeking following main relief:

(2.) As per the case of the petitioner, the petitioner had entered into a rent agreement/ lease agreement on 01.01.2009 with the respondent Nos. 5 and 6 in respect of the plots in question for a period of 10 years. The respondent No. 5 and 6 were making hindrances in the petitioner's putting up fence and were not giving NOC for electric connection, and therefore the petitioner had filed a Regular Civil Suit No. 262 of 2016 against the said respondent Nos. 5 and 6 in the Civil Court, Jamnagar seeking declaration and permanent injunction. Pending the said suit, the parties had arrived at a settlement on 03.12.2016, whereby the respondent Nos. 5 and 6 gave no objection if the suit was allowed. Accordingly the suit came to be allowed vide the decree dated 03.12.2016 passed by the Civil Court, Jamnagar. It is further the case of the petitioner that on 09.12.2016 and 22.01.2017 public notices were issued for the auction sale of the suit plots in the local newspapers by the respondent No. 4 Axis Bank Limited. The petitioner had missed out the first public notice dated 09.12.2016, however when he came to know about the notice dated 22.01.2017, the petitioner through his advocate had issued a public notice on 15.02.2017. The respondent no. 4 again issued a public notice on 17.07.2017 for the public auction of the said plots. The petitioner at that time came to know that the respondent No. 7 i.e. M/s. Nilesh Enterprise had availed cash credit facilities from the respondent No. 4 Bank to the tune of Rs. 5 Crores and failed to repay the dues within the prescribed time limit and therefore the respondent No. 4 had initiated action against the respondent No. 7 under the provisions contained in the SARFAESI Act. In response to the said public notice dated 17.07.2017, the advocate for the petitioner issued a public notice on 22.08.2017 clarifying that the petitioner was in possession of the plots in question. Since the possession of the petitioner of the plots in question were at stake, and the respondent bank and its officials were harassing the petitioner, the petition has been filed.

(3.) The petition has been resisted by the respondent Nos. 1 to 4 by filing affidavit-in-reply contending inter alia that the petition was thoroughly misconceived and not maintainable in view of the various pronouncements of decisions by the Supreme Court and this Court. It has also been contended that the petitioner had not come with clean hands and suppressed material facts from the Court.