IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36961 of 2004(A)
1. CHANDU S.BABU, BABU STUDIO,
... Petitioner
2. SATHY BABU, S/O.SAHADEVAN,
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE HONKONG SHANGHAI BANKING CORPORATION
3. DR.K.P.HARIDAS, GURUMANDIRAM,
For Petitioner :SRI.MATHEW SEBASTIAN
For Respondent :SRI.VARGHESE C.KURIAKOSE
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :15/06/2009
O R D E R
P.R. RAMACHANDRA MENON, J.
........................................................................
W.P.(C) No. 36961 OF 2004
.........................................................................
Dated this the 15th June, 2009
J U D G M E N T
The petitioner, who is having only a lease hold right over
the property in question, is before this Court challenging the
coercive proceedings stated as being pursued by the respondent
Bank invoking the relevant provisions under the SARFAESI Act. It
is brought to the notice of this Court that even though the matter
was admitted and an interim order of stay was granted, it
happened to be vacated subsequently after hearing both the
sides.
2. The learned counsel appearing on behalf of the
respondents submits that the tenant cannot have a better right
than that of a landlord and that the issue is squarely covered by
the decision rendered by a Division Bench of this Court in
Shameem vs City Police Commissioner (2005(4) KLT S.N.70
Case No.96 ) and also as per the decision rendered by another
W.P.(C) No. 36961 OF 2004
2
Division Bench in Business India Builders and Developers
Ltd. v. The Union Bank of India & Others [2007(1) KLJ
518].
This court does not find any merit to interfere. The writ
petition fails and it is dismissed accordingly.
P.R. RAMACHANDRA MENON,
JUDGE.
lk