Inderpal Singh v. M/S Freedom Rubber Ltd And ORS

C.R. No.8205 of 2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.8205 of 2017 Date of Decision.20.03.2018 Inderpal Singh ......Petitioner Vs M/s Freedom Rubber Ltd. and others .....Respondents CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Naveen Batra, Advocate for the petitioner.

-.- AMIT RAWAL J.(ORAL) After arguing for some time and realizing that this Court is not going to interfere in view of the provisions of Section 17(4-A)(i) of the SARFAESI Act, which are reproduced as under, Mr. Batra learned counsel appearing for the petitioner seeks liberty of this Court to withdraw the revision petition with liberty to avail the remedy as prescribed under the SARFAESI Act:- "17(4-A) Where- (i) any person, in an application under sub-section (1), claims any tenancy or leasehold rights upon the secured asset, the Debt Recovery Tribunal, after examining the facts of the case and evidence produced by the parties in relation to such claims shall, for the purposes of enforcement of security interest, have the jurisdiction to examine whether lease or tenancy,- (a) has expired or stood determined; or (b) is contrary to Section 65-A of the Transfer of Property Act, 1882; or PANKAJ KUMAR 2018.03.26 12:31 I attest to the accuracy and integrity of this document

C.R. No.8205 of 2017 -2- (c) is contrary to terms of mortgage; or (d) is created after the issuance of notice of default and demand by the Bank under sub-section (2) of Section 13 of the Act; and xxxxx xxxxx xxxxx Ordered accordingly. The revision petition is dismissed as withdrawn with liberty as aforesaid.

(AMIT RAWAL) JUDGE March 20, 2018 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2018.03.26 12:31 I attest to the accuracy and integrity of this document