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lakhani (trainer)     03 August 2024

My business place is sealed by the bank as the landlord failed to payback the loan .

For decades, I have been running training centre in a permanently rented place. A few years back, the landlord took a loan by mortgaging the building, but I was not aware of it. Last year, the court passed an order in favor of the bank to take over possession as the landlord failed to pay back the loan. Now, the bank has sealed the building by obtaining a court order. The bank has placed the court order on the wall. This action has caused great hardship for me, as I am unable to enter the building to conduct my business. Is there any remedy? Can I get an order to enter the building to conduct my business?


Learning

 9 Replies

P. Venu (Advocate)     03 August 2024

What do you mean by "the bank has sealed the building by obtaining a court order."? To my knowledge, rights of the tenant is protected till the period of tenancy, notwithstnding the SARFAESI proceedings .


1 Like

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

It appears that you have no proper rent or lease agreement, even if you had one, down the years you wouldn't have renewed it.

If your lease agreement was in force you would not have remained silent all these years ever since the bank issued to your landlord.

You have suppressed the facts in this post.

The bank will take steps to take possession after giving sufficient time to the tenants to remove the goods from the tenanted premises.

Now you have to approach court seeking permission to remove your goods from the shop but you cannot claim continuation of tenancy.

lakhani (trainer)     03 August 2024

The building has 3 floors and 1 shop . No tenant was aware about the loan taken by the landlord or court matter in between them . Other tenants are also facing problems like me .

Alisha Kohli   03 August 2024

Pay the loan of the bank and get it released from the court , as u will step into the shoes of creditor .

1 Like

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

Ignorance of law cannot be claimed as an excuse.

Your contents that the bank has suddenly appeared before your shop and has affixed the notice and sealed the shop is unbelievable.

The bank will first warn the tenants to vacate the shop before they took physical possession.

Besides if you have a registered rental agreement and if the same is in force then the bank cannot evict you or put a seal to your shop during the agreement period remaining] in force 

Therefore you may better consult a local lawyer and proceed to see if there are any loopholes for you to stay back in the property despite the bank taking physical posession

 

lakhani (trainer)     03 August 2024

It is not a shop, my place is on the first floor . The bank has a shut entrance grill with a lock and seal on it . There is a notice also ,it warns about not entering the building. In fact the dispute was between the landlord and the bank . Anyway I have started searching for a competent lawyer who holds good knowledge about SARFAESI act . As per some lawyers,I should approach the tribunal not a court .

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

Since you have already decided to approach a lawyer having good knowledge about sarfaesi act, you may better go ahead instead of confusing everyone in this forum by giving new informaton in each and every post you make subsequently

1 Like

lakhani (trainer)     04 August 2024

Sorry , I can't agree more with your interpretation.You may verify my original draft that I have not added new things , you misunderstood that I am owing a shop . If you are not comfortable to answer amicably then skip it but please don't discourage me for exploring better legal remedies. It is practically not possible to explain the whole matter with thousands words.
So far my experience for this forum is good ,many lawyers love to take critical questions and they don't feel confused. The answer from P.Venu is useful and sensible as well. Anyway thanks for trying to answer. 🙏
1 Like

ADVOCATE ANIL PANDEY   05 August 2024

Very Well replied Sir.


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