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2016 (1) TMI 1043 - HC - Indian LawsEviction of tenant from mortgaged property - validity of lease - Since he defaulted in discharging the debt, the Bank resorted to the measures under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - The common case of the petitioners is that the Bank has no right to evict them as it deliberately suppressed the fact of their possession as tenants. Claiming that they have no other effective alternative remedy, as no right is provided for the action initiated under Section 14 of the Act, they approached this Court for the aforesaid relief under Article 226 of the Constitution of India. Held that:- We would like to observe that M/s. ITCS International Private Limited, said to be the lessee under the rental agreement, dated 14-03-2014, Medexpress (Clinics & Diagnostics), said to be the lessee under the rental agreement, dated 06-02-2013, and Movie Rainbow Web Services India (Private) Limited, said to be the lessee under the rental agreement, dated 03-09-2014, are not the petitioners herein. The petitioner Nos.2 and 4 in their individual capacity joined the other petitioners though, they were shown representing Medexpress (Clinics & Diagnostics) and Movie Rainbow Web Services India (Private) Limited in the respective rental agreements. We are of the considered view that since the rental agreements were unregistered, they cannot be construed as valid, and, therefore, no obligation was cast on the authorized officer to move the learned CMM requesting to issue notice to the petitioners herein. Hence, we are of the considered view that the impugned orders passed by the learned CMM do not suffer from any illegality or infirmity warranting interference. Thus, the writ petition is devoid of merit.
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