MR. SANGAM R. NARVEKAR S/O RAMA NARVEKAR Vs. COSTA RIVER TRANSPORT PVT. LTD.
LAWS(BOM)-2017-11-154
HIGH COURT OF BOMBAY (AT: GOA)
Decided on November 27,2017

Mr. Sangam R. Narvekar S/O Rama Narvekar Appellant
VERSUS
Costa River Transport Pvt. Ltd. Respondents

JUDGEMENT

- (1.) By this appeal, the appellants-defendants have challenged an order of temporary mandatory injunction passed by the learned Senior Civil Judge, Vasco on 6.10.2017, directing the eviction of the defendants-appellants from the suit premises, which admittedly belongs to the respondent no.1-plaintiff.
(2.) The parties shall be referred to as plaintiff and the defendants as per their original status for the sake of convenience.
(3.) Admittedly, the plaintiff is a Private Limited Company engaged in the business of operation of barges, had purchased the suit property known as "MATUEM" bearing Survey No.201/7 of Village Sancoale along with two structures which originally belonged to M/s. Trimurti Exports, which had mortgaged the same to plaintiff no.3-Canara Bank. Since M/s. Trimurti Exports failed to repay the borrowed loan amount, Canara Bank - defendant no.3 took possession of the suit premises under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI Act") and published an E-auction on 19.3.2016 in a local daily newspaper. The plaintiff participated in the E-auction and as a successful bidder purchased the suit property. Defendant no.3 -Canara Bank executed the Sale Certificate on 18.05.2016 in favour of the plaintiff and handed over vacant possession of the suit property along with the suit structure to the plaintiff. It is also an admitted fact that said Sale Certificate is registered before the Sub Registrar, Mormugao, Goa on 2.6.2016.;


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