Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. 2 OF 2016
IN
CIVIL APPEAL NO. 5401 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 19616 OF 2015]
SANJIVKUMAR SURAJPRAKASH AGGARWAL Appellant(s)
VERSUS
STATE BANK OF INDIA AND ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The dispute in this appeal is whether the tenancy
created in favour of the appellant is a sham one or
not. It is not in dispute that there is no
adjudication on this aspect. Under Section 14 of the
SARAFAESI Act, this aspect can be adjudicated before
the Chief Metropolitan Magistrate, Esplanade Court,
JUDGMENT
Mumbai.
3. Mr. Amarendra Sharan, learned senior counsel
appearing for the Bank, submits that the Magistrate,
in fact, had gone into the aspect while deciding the
Invervention Application.
4. We do not think that the same would be sufficient
in adjudicating the issue regarding tenancy. In our
opinion, an inquiry, with the participation of the
appellant, would be in the fitness and fairness of
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the adjudication. Therefore, this appeal is disposed
of, directing the Magistrate to conduct an inquiry
with regard to the genuineness of the tenancy created
by the third respondent with the appellant. The
parties shall appear before the Magistrate on
01.08.2016 and the Magistrate will conduct the
required inquiry and complete the proceedings within
one month thereafter.
5. Needless to say, the parties shall extend their
cooperation, without praying for unnecessary
adjournments, so that the matter can be decided
within the stipulated time.
6. We make it clear that the pendency of the inquiry
before the Magistrate shall not stand in the way of
the Bank proceeding against the landlord in
accordance with law.
7. I. A. No. 2 for directions is disposed of.
JUDGMENT
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
JUNE 30, 2016.
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