MOHD MAHBOOB Vs. APSFCL,A O,HYD

JUDGEMENT

(1.) THIS writ petition is filed challenging the action of respondent No.4 in dismissing the petition filed in Crl.M.P No.253 of 2014 on 06.01.2015 as illegal.

(2.) THE writ petitioner is claiming to be a lessee of schedule property, which is brought to sale by 1 st respondent under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act') and the petitioner challenged the order passed in Crl.M.P. No.253 of 2014 by the Chief Metropolitan Magistrate, Cyberabad, under Section 14 of the SARFAESI Act, alleging that the petitioner is running scrap business and function hall in premises No.5 -41/1, in plot Nos.17, 18 and 19, in Sy.No.14/1 in an extent of 765 Sq.yds situated at Moosapet Village i.e., schedule property in Crl.M.P. No.253 of 2014. He also extended his business to adjacent premises bearing No.12 -5 -108, in Sy.No.14/2 in an extent of 3583 Sq.yds situated at Moosapet Village, Near Flyover.

(3.) THE petitioner obtained lease for both the premises i.e., 765 Sq.yds on 19.11.2010 for a period of 72 months commencing from 20.11.2010 and 3583 Sq.yds on 21.08.2007 for a period of 72 months commencing from 22.08.2007 from United Enterprises, represented by its partners and that the lease is terminable by issuance of six months prior notice to the petitioner and there is a clause for extension of lease period by consent of both lessee and lessor on the terms settled.