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TMI Blog2017 (2) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... is prayed to set aside notice dated 18.09.2015 issued by the respondent Bank and further to set aside the action of the respondent Bank in taking symbolic possession of the secured assets. The petitioners seek a declaration that the respondent Bank does not have any authority to dispossess the petitioners who are the lawful tenants of the premises in question. Another prayer is made to restrain the respondent Bank from taking coercive measures in respect of the properties. 3. Referring to the facts in brief, it is stated by the first petitioner that he took on 08.09.2010 the property described as Flat No.302, Chinmay Tower, Near Subhash Chowk, Memnagar, Ahmedabad on lease from its owner one Dilipbhai Chandulal Patel and that he was regular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings under the SARFAESI Act initiated by the respondent Bank against the said borrowers has been that the petitioners herein are the tenants in the properties by virtue of lease/tenancy documents executed. Learned advocate for the petitioners relied on the decision in Harshad Govardhan Sondagar vs. International Assets Reconstruction Company Limited. [(2014) 6 SCC 1]. 4. The above contention is not required to be examined in view that the Legislature has amended Section 17 of the Act as per the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016. 5. Amongst other amendments, sub section (4A) was inserted in Section 17 which reads as under, (4A) Where-(i) any person, in an applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid provisions of the Act as inserted undoubtedly gives a locus standi to a party to claim tenancy right or leasehold rights in relation to the secured assets before the Tribunal by preferring appeal under Section 17 of the Act. In other words, there is an alternative remedy under Section 17 of the Act of an appeal before the Tribunal and to get the issues of tenancy right and leasehold rights determined by the Tribunal by adducing evidence. 6. It is well settled that when the remedy under Section 17 of the Act is available to approach by way of appeal before the Debt Recovery Tribunal, the petitioners have to avail the same. The petitioners are entitled to raise all the issues including the claim of tenancy while pursuing such alter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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