TMI Blog2015 (4) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... se in respect of a secured asset shall stand determined when the secured creditor decides to take the measures mentioned in Section 13 of the said Act. Without the determination of a valid lease, the possession of the lessee is lawful and such lawful possession of a lessee has to be protected by all courts and tribunals. The ratio of the judgment in the case of HARSHAD GOVARDHAN SONDAGAR VERSUS INTERNATIONAL ASSETS RECONSTRUCTION CO. LTD ORS, more particularly law laid down, in paragraph 36 is binding on this Court. Therefore, the learned Magistrate, in our view, has rightly passed order under Section 14 of the said Act. The total amount due is more than ₹ 200 Crores. Amount due to the consortium banks is ₹ 1,000 Crores, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut attention to various documents in support of her contention that the Petitioner is tenant of the property. 4. On the other hand, learned counsel appearing on behalf of the Respondent-Bank submitted that in view of the judgment of the Apex Court in the case of - Harshad Govardhan Sondagar, Appellant Vs. International Assets Reconstruction Company Limited Ors., Respondents [(2014) 6 SCC 1], since the tenants do not have registered instrument of lease in their favour executed by the landlord, and the Magistrate has rightly rejected their application seeking protection. He submitted that in the case of - Harshad Govardhan Sondagar (supra), Petitioners therein had intervened, and their case was considered and the matter was remande ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Date of Mortgage 12.09.1997 5. Date of Lease/Tenancy 01.07.1994 6. Document No registered Document. Few rent receipt and address proof on record. 7. Relation of Tenant with Borrower / Guarantor 1. Sureshbhai Kukadia is Director in J B Diamonds. 2. S. Kukadia is also guarantor for the facilities given by the bank. 3. Signatory and privy to all loan transaction. 4. Sureshbhai Kukadia is family member of the owners of the property. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4057 of 2012 8. In Writ Petition (L) No. 705/2015 filed by Bhavik Gems through Sureshbhai V Kukadia, following are the details : 1. Details of property 6B Unity House second floor 2. Owned by J. B. Diamonds Ltd (under liquidation) 3. Date of Purchase 22.09.2000 4. Date of Mortgage 25.10.2000 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Document No registered Document. Few rent receipt and address proof on record. 7. Relation of Tenant with Borrower / Guarantor 1. Sureshbhai Kukadia is Director in J B Diamonds. 2. S. Kukadia is also guarantor for the facilities given by the bank. 3. Signatory and privy to all loan transaction. 8. SLP No. 4052 of 2012 Petitioner Bhavik Gems through Sureshbhai V. Kukadia filed Writ Petition No. 705/2015. Sureshbhai Kukadia was tenant of two properti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. SLP No. 4064 of 2012 10. We are satisfied that after going through the documents like passport, the learned Magistrate was justified in not accepting contention of the Petitioners. Learned Magistrate has not granted the protection to the Petitioners, pursuant to the directions given by the Apex Court in the case of Harshad Govardhan Sondagar (supra) and thereafter passed an order under Section 14 of the said Act. 11. In our view, the ratio of the judgment in the case of Harshad Govardhan Sondagar (supra), more particularly law laid down, in paragraph 36 is binding on this Court. Therefore, the learned Magistrate, in our view, has r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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