Dr. Manjula Chellur, J. - (1.) The dispute between the creditor and borrower ultimately led to the present appeal in respect of secured asset secured for the advancement of the loan by the appellant Bank to the respondent No. 5 company. The property consist of ground floor plus three floors and the roof top in Premises at No. 10A, Shakespeare Sarani, Kolkata -700071 which would be referred to as secured asset hereinafter.
(2.) The writ petition came to be filed by a third party claiming to be a tenant challenging the order passed by Chief Metropolitan Magistrate dated 03.07.2014 in respect of the above secured property contending that he as a tenant being in possession of the property cannot be evicted except under due process of law. The learned Judge in a detailed order allowed the writ petition by setting aside the order of the Chief Metropolitan Magistrate Calcutta opining that secured creditor is at liberty to approach the relevant authority in terms of Sec. 14 of the Security and Reconstruction of Financial assets and Enforcement of Security Interest Act 2002 (SARFESI) (hereinafter referred to as the Act) in respect of the secured property.
(3.) However, so far as validity of the tenancy or the right of the writ petitioner nothing was said on merits.;