VENKATACHALAPATHI, S/O LATE CHANGAPPA v. CANARA BANK, VASANTH NAGAR BRANCH
2017-02-08
A.S.BOPANNA
body2017
DigiLaw.ai
ORDER : The petitioner is before this Court seeking issue of mandamus to respondent No.1 not to take physical possession of the petition schedule premises. 2. The petitioner claims to be a tenant in respect of the petition schedule premises under respondents No. 2 and 3 who are the borrower and guarantor in respect of the loan advanced by respondent No.1-bank. Since respondents No. 2 and 3 had not repaid the loan amount, the action under Sections 13 and 14 of SARFAESI Act was initiated. The petitioner in that light is before this Court seeking to protect the possession, claiming to be a tenant. 3. At the first instance, this Court on 20.02.2015 while directing notice to the respondents and granting interim order, has also taken note of the undertaking filed on behalf of the petitioner that he would vacate from the petition schedule premises, if four months time is granted from that date. Nearly two years have elapsed thereafter. 4. At this stage, when the petition is taken up for consideration, learned counsel for the petitioner would seek further three months time to vacate. The same is opposed by the learned counsel for respondent No.1. However to avoid the ignominy of being thrown out from the premises, the petitioner is granted time till 31.03.2017 to voluntarily vacate and hand over physical possession to respondent No.1. Needless to mention that if the petitioner does not voluntarily vacate on or before 31.03.2017, respondent No.1 would be entitled to enforce the order passed under Section 14 of the SARFAESI Act and take physical possession of the petition schedule premises. In terms of the above, the petition stands disposed of.