- (1.) Leave granted.
(2.) The dispute in this appeal is whether the tenancy created in favour of the appellant is a sham one or not. It is not in dispute that there is no adjudication on this aspect. Under Section 14 of the SARAFAESI Act, this aspect can be adjudicated before the Chief Metropolitan Magistrate, Esplanade Court, Mumbai.
(3.) Mr. Amarendra Sharan, learned senior counsel appearing for the Bank, submits that the Magistrate, in fact, had gone into the aspect while deciding the Invervention Application.;