The appellant fearing eviction, filed a Rent Suit R.A.D. Suit No.
The respondent number.
Respondent Nos.
On 12.03.2010, the respondent Bank served on them numberice under Section 13 2 of SARFAESI Act.
On failure of the respondents to clear the dues from the loan amount borrowed by the above respondent number.
123 of 2011 in Case No.237 of 2010 passed by the learned Chief Metropolitan Magistrate, Esplanade, Mumbai, wherein the application of the appellant herein for impleadment as intervenor as well as stay of the order dated 08.04.2011 passed in Case No.237 of 2010 by the learned Magistrate, Esplanade, Mumbai, was dismissed.
913 of 2011 before the Court of Small Causes, Bombay.
4 and 5 within the stipulated statutory period of 60 days, the respondent Bank filed an application before the Chief Metropolitan Magistrate, Mumbai under Section 14 of the SARFAESI Act for seeking possession of the mortgaged properties which are in actual possession of the Appellant.
For the sake of companyvenience and brevity, we would refer to the relevant facts from the appeal arising out of S.L.P. Crl.
4 and 5 had approached the Bank of India Respondent No.1 in short the respondent Bank for a financial loan, which was granted against equitable mortgage of several properties belonging to them, including the property in which the appellant is allegedly a tenant.
4 and 5 failed to pay the dues within the stipulated time and thus, in terms of the SARFAESI Act, their account became a number performing asset.
Hence the present appeal filed by the appellant.
No.8060 of 2015, which has been filed against the impugned judgment and order dated 29.11.2014 in A.No.
