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Judgment
Ashok Menon, Chairperson
The appellant claims to be a tenant in the subject property which is proceeded against by the respondent bank for recovery of the debt under the provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“ the SARFAESI Act” for short).
The appellant wanted to protect its possession and hence, filed S.A.No.13/2024 before the Debts Recovery Tribunal-I, Ahmedabad (D.R.T). Based on prima facie grounds the Ld. Presiding Officer declined to grant any protection to the appellant for the reason that the rent deed which is relied upon by the appellant is not registered.
Moreover, it is also pointed out that the lease was only for three years. It is a document which is required to be compulsorily registered. Hence, finding against the tenancy right set up by the appellant, no protection whatsoever was granted to the appellant. The appellant was aggrieved and hence, in appeal.
The pleading in the S.A. is complete. I find that based on the documentary evidence, the D.R.T will have to decide whether the appellant is entitled to protection u/s. 17(4A) and therefore, based on the material that may be produced by both sides, the D.R.T. is directed to disposed of the S.A. itself as expeditiously as possible at any rate within a period of three months untrammeled with whatever is observed in the earlier order of the Tribunal.
Till such time, the parties are directed to maintain the status quo and not to take any coercive steps.
Accordingly, the Misc. Appeal is disposed of.