Help please--how can a tenant get stay order for a auction ?
Rajat sahotra
(Querist) 04 October 2011
This query is : Resolved
Tenant was inducted tenant and thereafter the property was mortgaged with the bank.
Landlord company and bank declared the mortgaged property as NPA (NON profitable Assets) under SERFEACI Act.
Bank issued auction notice and also the notice of Vacating to tenant within one month.
Tenant has already taken ex parte stay order by injunction application under O39 R 1&2 and by moving suit against the bank and the landlord company under sec 38 of the specific relief ACT.
Now how can the tenant get stay on the AUction of the tenanted premises which is situated in Municipal Committee Area.
Experts please help
Advocate. Arunagiri
(Expert) 04 October 2011
Tenant can not get stay for the auction, he can get injunction against evicting him.
Even if the bank is having the power of taking possession of the property, it should evict the tenant through due process of law.
Raj Kumar Makkad
(Expert) 04 October 2011
Tenant has got no legal right to stop auction as his status is not going to be affected by such auction. If he is interested to stop auction then he can deposit arrears of loan with bank on behalf of landlord.
Advocate M.Bhadra
(Expert) 04 October 2011
Follow citation:secured premises under the possession of bonafide tenant,tenant cannot be thrown out,but secured creditor Bank can only take symbolic possession of the premises.(Hutchison Essar South Ltd.v/s U.B.I.,AIR 2008 Kar 14.)
prabhakar singh
(Expert) 04 October 2011
WELL SAID Mr. Makkad.deposit the loan to stop auction.
MAN BETTER YOU BUY IN AUCTION.
R.Ramachandran
(Expert) 05 October 2011
As rightly said by the experts, a tenant has no locus standi to intervene in the matter between the lender bank and the borrower landlord.
Chanchal Nag Chowdhury
(Expert) 05 October 2011
Auction will take place without affecting the tenant's rights.
