BAJARANG SHYAMSUNDER AGARWAL V. CENTRAL BANK OF INDIA

BAJARANG SHYAMSUNDER AGARWAL V. CENTRAL BANK OF INDIA

SC- Ordering that the appellant-tenant shall hand over the possession of the secured asset within 12 weeks of this order to the Assistant Registrar, who in turn shall deliver the same to the respondent no.1-bank,the Hon’ble SC dismissed the Appeal. The bank has produced multiple records to substantiate that this tenancy was created just to defeat the proceedings initiated under the SARFAESI Act and the appellant has failed to produce any evidence to substantiate his claim over the secured asset. So,the appellant cannot claim protection under the garb of the interim protection granted to him, ex parte, by solely relying upon the xerox of the rent receipts .Hence,the rejection of the stay application by the Chief Metropolitan Magistrate cannot be held to be erroneous.-Hon'ble Justices N.V.Ramana, Mohan M. Shantanagoudar and Indira Banerjee [11-09-2019]
Read the full judgment with iDRAF (Issue,Decision,Reasoning,Arguments,Facts)-https://www.legitquest.com/bajarang-shyamsunder-agarwal-vs-central-bank-of-india

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