2015 (4) TMI 1291

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....ondent-Bank to take possession of the property in question. It is submitted that the Petitioners are tenants of the said property, prior to the date of mortgage, and as such, therefore, Bank cannot take possession of the said property. 2. Reliance is placed on the judgment of the Madras High Court, in the case of - Indian Bank, Petitioner Vs. M/s. Nippon Enterprises South & Ors., Respondents [WP 23850 & 27432 of 2010, dated 8.3.2011]. It is submitted that in the said case also, the Petitioner, who was tenant, was given protection by the High Court and the Bank was prevented from taking possession of the property, which was a tenanted property. 3. Learned counsel appearing on behalf of the Petitioner has invited out attention to various d....

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....e, the date of lease / tenancy and the relation of the tenant with the borrowers / guarantors. He submitted that Petitioners are also borrowers and they have also executed the deed of guarantee. 6. In Writ Petition (L) No. 704/2015 filed by Sureshbhai V Kukadia, following are the details : 1. Details of property 1406, 14th floor, Walkeshwar 2. Owned by Bhagwanbhai K. Kukadia Kashiben B Kukadia Kankuben V Kukadia Kanjibhai K. Kukadia 3. Date of Purchase 08.04.1985 4. Date of Mortgage 12.09.1997 5. Date of Lease/Tenancy 01.07.1994 6. Document No registered Document. Few rent receipt and address proof on record. 7. Relation of Tenant with Borrower / Guarantor 1. Sureshbhai Kukadia is Director in J B Diamonds. 2. S. Kuk....

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....1. Sureshbhai Kukadia is Director in J B Diamonds. 2. S. Kukadia is also guarantor for the facilities given by the bank. 3. Signatory and privy to all loan transaction.       8. SLP No. 4052 of 2012     1. Details of property 405-406, 4th Floor Prasad Chambers   2. Owned by J. B. Diamonds Ltd (under liquidation)   3. Date of Purchase 08.12.1985 28.10.1981   4. Date of Mortgage 12.09.1997   5. Date of Lease/Tenancy January 1989   6. Document No registered Document. Few rent receipt and address proof on record.   7. Relation of Tenant with Borrower / Guarantor 1. Sureshbhai Kukadia is Director in J B Diamonds. 2. S. Kukadia is also guarantor for ....