MR. SANGAM R. NARVEKAR S/O RAMA NARVEKAR Vs. COSTA RIVER TRANSPORT PVT. LTD.
HIGH COURT OF BOMBAY (AT: GOA)
Mr. Sangam R. Narvekar S/O Rama Narvekar
Costa River Transport Pvt. Ltd.
Click here to view full 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
Copyright © Regent Computronics Pvt.Ltd.