MOHAN BABU Vs. KOTAK MAHINDRA BANK, REP. BY MANAGER, 2ND FLOOR, CEEBROS CENTER, 39, MONTIETH ROAD, EGMORE, CHENNAI

JUDGEMENT

(1.) Petitioner, tenant under Mr. Parthasarathy, 2nd respondent, has sought for a writ of certiorarified mandamus, to quash the symbolic possession notice dated 27.11.2017, issued under Section 13(4) of the SARFAESI Act, 2002.

(2.) Contending inter alia that the petitioner has also filed a suit against the bank in O.S. No. 5819 of 2016, on the file of the XII Additional City Civil Court, in which bank has filed an interlocutory application to reject the plaint and further contending that subject property for which possession notice has been issued under Section 13(4) of the SARFAESI Act, 2002 has been leased out to another person and further contending that impugned possession notice affects his right, instant writ petition has been filed for a writ of certiorarified mandamus as stated supra. Added further, Ms. V. Preetha, learned counsel for the petitioner further submitted that landlord is refusing to renew the lease and also return the advance amount of Rs. 10 Lakhs paid. Learned counsel further contended that the petitioner is not aggrieved even if the property is brought for auction, but, prayed to include the petitioner's name in the auction notice. For the abovesaid reasons, learned counsel for the petitioner seeks for a writ.

(3.) Heard the learned counsel for the petitioner and perused the materials available on record.