SANJIV KUMAR JAIN Vs. HDFC BANK LIMITED

JUDGEMENT

(1.) The petitioners have filed the instant civil writ petition under Article 226/227 of the Constitution of India, praying for issuance of writ of Certiorari thereby setting aside the impugned orders dtd. 2/1/2017 (Annexure P-20) passed by the Debt Recovery Appellate Tribunal, New Delhi in the appeal filed by the petitioners bearing No. 271/2016 and dtd. 22/4/2016 (Annexure P-19) passed by the learned Debt Recovery Tribunal-I, Chandigarh in OA No. 846/2013.

(2.) The facts of the case, in brief, are that the premises of the petitioner was leased out to the respondent Bank as per the lease deed dtd. 25/9/2002 (Annexure P-1) and deposit agreement dtd. 25/9/2002 (Annexure P-2) was also executed followed by Supplementary Deposit Agreement dtd. 26/11/2002 (Annexure P-3). The aforesaid lease agreement created relationship of petitioners being landlord as lessor and the Bank being lessee in the premises. Thereafter supplementary lease agreement dtd. 1/4/2006 (Annexure P-4) followed by fresh/renewed indenture of lease dtd. 25/9/2011 (Annexure P-5), were also executed. The dispute started on the Bank issuing termination of tenancy notice dtd. 18/9/2012 (Annexure P-6). The petitioner responded to the notice vide Annexure P-7 dtd. 2/10/2012 intimating the Bank that before handing over the possession, the water and electricity charges should be cleared and Bank should handover the possession of the property in the same condition as it was when the property was given on lease in the year 2002.

(3.) On the basis of the above said decision, after culmination of the civil dispute vide Annexure P-16 by the Hon'ble Supreme Court, the instant petition has been preferred by the petitioners.