Legal Question in Banking Law in India

Respected Sir,

My querry goes as follows:

Facts:

1. We have rented one shop on which the tenant taken loan on hypothecation of stocks.

2. He became defaulter and the banksealed his stock and our premises under SARFAESI Act inthe year 2006

3. After settlement the tenant paid the dues in the same year

Status:

1. After settlement neither bank nor the tenant took any steps towards opening of sealed shop and stocks.

2. That now on my intervention, being the landlord, bank wriiten letters to the tenant to come and get charge of his stocks.

3. The tenant is now not coming up to take the charge of seizes assets and the bank has wriiten several letters to this effect.

4. My tenant has moved to high court claiming losses from bank.

querry

What is my status. I have rented my shop and not getting rent since last 4 years. How can I get my shop vacated and at the same time recover my due rent. I wish that I should not go for Eviction Suit as it may take further many years to come.

kindly suggest and other legal method, if any.

regards

vikas


Asked on 2/23/10, 10:20 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may have "lien" on goods against your rent. Therefore, you may file a suit for recovery of rent and not eviction. You may seek an interim injunction permitting you to open the shop and sell the goods by auction in presence court appointed local commissioner.

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Answered on 2/24/10, 5:28 am


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