BHARTI KOTHARI (practising advocate) 17 September 2013
Sir bank has taken out execution application in award passed by arbiteration. and accordingly the bank has attached the property and now applied for sale. I am the third party and have tennancy agreement and rent receipt. the only mistake I have done is given the said premises on leave and licence basis to the judgement debtor. And the said judgement debtor has applied and taken ration card and electricity bill without my consent. Kindly advice me.
Thanks in advance.
VIRAJ KADAM (Advocate Supreme Court of India) 17 September 2013
Dear Friend
Your query is not clear. Are you the owner of the property or tenant. If you are tenant then you don't have much rights. Your protection as tenant is limited. At the most you will get time to vacate the premises. If the arbitration award is against you then you should have filed appeal, why wait till execution. If you need more clear advice then write in your query.
Regards
VIRAJ KADAM
Advocate
shanmugam lakshmanan (senior) 18 September 2013
Dear friend, Arbitration proceedings will bind only party to the arbitration agreement and you might be a party therein. you will be only a third party only according to facts stated by you. You may file SARFEASI Appeal if the matter of sale if before any DRT. If it is before any other civil court, you may petition to determine right in the execution proceedings itself as every question has to be determined by the executing court itself and not by separate suit. Pl. get guidance from local advocates. Best of luck.
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