KUTHBUDDIN MUNEEB REP BY HIS POWER AGENT SHAHEEN MUNEEB Vs. AUTHORISED OFFICER, KOTAK MAHINDRA BANK LTD

JUDGEMENT

(1.) Claiming himself to be a tenant in respect of the property situate at door No.C-32, First Floor, 8th Street, Inner Plot, Anna Nagar East, Chennai - 600 104, under respondents 3 and 4, joint owners, who had mortgaged the same with Kotak Mahindra Bank Ltd, Chennai, and further contending inter alia that a statutory tenant cannot be evicted without due process of law, order dated 09.07.2014 passed by the learned Chief Metropolitan Magistrate, Egmore, Chennai - 8, in Crl. M.P.No.4319 of 2014 filed under Section 14 of the SARFAESI Act, 2002, is challenged before this court.

(2.) Writ petitioner, has sought for a Certiorari, to quash the same and consequently to forbear the the first respondent, their men, agents or anyone claiming under them from interfering with petitioner's physical possession of the property bearing door No.C-32, First Floor, 8th Street, Inner Plot, Anna Nagar East, Chennai - 600 104 in any manner except following the due process of law.

(3.) Record of proceedings of the instant writ petition shows that while ordering notice of motion on 20.05.2015 returnable in four weeks, a Hon'ble Division Bench of this Court, in M.P.No.2/2015 in W.P.No.15104/2015, has granted stay of the order dated 09.07.2014 of the learned Chief Metropolitan Magistrate, Egmore, the order impugned herein.