PRAKASH SINGH Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) The present challenge is directed against a proceeding taken out by the respondent-bank under Section 14 of the SARFAESI Act, 2002.

(2.) Learned counsel for the petitioner argues that the petitioner, being a monthly tenant in respect of the property-in- dispute, was entitled to be heard prior to the disposal of the proceeding under Section 14 of the 2002 Act.

(3.) It is submitted that, despite there being an order passed by a co-ordinate Bench in W.P.8307(W) of 2014, directing the police authorities to ensure compliance with the order passed by the District Magistrate on March 1, 2013 in such proceeding under Section 14 of the said Act, the said order was obtained by the respondent-bank by practising fraud on court inasmuch as the present petitioner, who was a necessary party, being a tenant, was not impleaded in the said writ petition and/or the proceeding under Section 14 of the 2002 Act. Moreover, it is submitted that the bank lost its status as a 'secured creditor' as defined in Section 3(zd) of the 2002 Act, after the respondent-bank transferred its title to the auction purchaser, admittedly, in the year 2011.