SATBEER SINGH TUTEJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission and interim relief. Issue notice to the respondents on payment of process fees by RAD mode within seven working days failing which this petition shall stand dismissed without further reference to the Bench. Notices be made returnable within four weeks.

(2.) Learned counsel for the petitioner submitted that the petitioner is a tenant and had approached the Debts Recovery Tribunal (DRT), Jabalpur in Securitisation Application in which interim relief was granted. However, when the application was dismissed, petitioner preferred an appeal before the Debts Recovery Appellate Tribunal (DRAT), Allahabad which passed the following order on 3/4/2024 in Appeal Dy. No. 499/2024, " the present appeal has been filed under Sec. 18 of the SARFAESI Act against the final order dtd. 12/3/2024 passed by the Tribunal below in S.A.No. 410/2022. It is made clear that if any action is taken by the Bank, the same shall be subject to final outcome of the present appeal". Learned counsel for the petitioner has relied on the judgment in case of Vishal N.Kalsaria vs. Bank of India & Ors., Criminal Appeal No. 52 of 2016, wherein the Apex Court has held that, "Under no circumstances can this be permitted, more so in view of the statutory protections to the tenants under the Rent Control Act and also in respect of contractual tenants along with the possession of their properties which shall be obtained with due process of law".

(3.) Considering the fact that the order impugned was stayed by the DRT, Jabalpur, the same order ought to have been continued during pendency of the appeal before the DRAT, Allahabad. Meanwhile, it is directed that no coercive action shall be taken against the petitioner till the next of hearing subject to depositing of rent as per the agreement. Certified copy as per rules.