Bank dispossessed tenant violating stay order.
K.K.Ganguly
(Querist) 06 January 2012
This query is : Resolved
Would the Ld. Experts kindly opine on the following matter.
1) My client is a tenant of a house by virtue of a tenancy agreement, which was afterwards mortgaged by the landlord with a Bank creating security interest on it for taking loan, without my client’s knowledge.
2) The loan was not paid by the landlord & the Bank issued notices u/s 13(2) & 13(4) of SARFAESI Act, 2002 and the Authorised Officer of the Bank visited the mortgaged premises for taking possession from whom my client came to know about the said loan taken by the landlord of which he was not aware.
3) My client went to court & got stay order against his dispossession from his tenanted premises (which has been mortgaged by the landlord) by the Bank without due process of law.
4) Copies of the above ad-interim injunction order was sent to the DM, local police Station & also the Bank to ensure that no dispossession of my client is made by the Bank by applying to the DM u/s14 of SARFAESI Act, 2002.
5) The Bank, which is a private Bank, suppressed the fact of the stay order, paid bribe & fraudulently got order from DM u/s14 of SARFAESI Act, 2002 to take possession of the said mortgaged tenanted premises & forcibly dispossessed my client with family from their said tenanted premises.
6) After this we wrote letters to the Bank, DM & local police station further informing about the stay & demanded back the possession of the premises but in vein.
7) We have then filed W.P in Kolkata High Court who asked us to go to DRT & DRT said that it is not interfering in the stay order passed by the Civil Court. The case is still pending at DRT.
8) We now heard that the property has been sold to a broker in a private treaty without informing my client & the broker has taken possession of the premises & put a sign board showing his name.
9) I have now filed an application before the same civil court (who had given the said ad-interim stay order) u/s151 of CPC asking for restoration of the possession of the premises.(4 months have passed after the said violation of stay order). I have deferred filing of Contempt of Court case since it will not give immediate restoration of possession of the premises to my client. The date of hearing is on 10.01.2012 & I want to site few references of Court Decisions regarding orders for restoration of possessions after being dispossessed.
I shall be much obliged if the Ld. Experts
a) kindly inform about few relevant court decisions in similar matters when possession to the tenant has been restored by Hon’ble Court after possession been taken by Banks after violating the stay order &
b) kindly suggest any better move to ensure that the possession can be immediately restored to my client.
Thanks in advance.
Raj Kumar Makkad
(Expert) 07 January 2012
Your case shall require specific attention and specific time so better you take the personal services of any lawyer/expert including me.
prabhakar singh
(Expert) 07 January 2012
You have misunderstood the scope and limitations of the site.Your query, as rightly pointed out by Mr.Makkad can be attended and answered only devoting personal special attention.
Chanchal Nag Chowdhury
(Expert) 07 January 2012
Justice Jyotirmoy Bhattacharya of the Calcutta High Court has passed an order to the effect-1)The Bank cannot evict a tenant by applying S 13(4) & 2) a suit is maintainable. The case is reported in 2008 CHN. The Karnataka high court, in a no. decisions have restored possession summarily.
In recent cases, the Calcutta High Court has also restored possession summarily.
Deepak Nair
(Expert) 07 January 2012
You may contact Mr.Devajyoti Barman for better guidance.
Otherwise act as advised by the experts above and consult a good lawyer.
K.K.Ganguly
(Querist) 07 January 2012
Dear Adv. Nag Chowdhury,
The decisions that Bank can not evict the tenants by applying SARFAESI Act was shown to the Civil Judge & injunction was taken.
Now, the decisions restoring the possessions to the tenants after they were dispossessed by the Banks are what I am in need of.
If you kindly site the decisions it will be of great help.
Thanks.
