Tenants locked out by bank

  • | Sunday | 14th October, 2018

The six tenants petitioned the bank, seeking time of six weeks to have access to their residence.When the bank refused, they approached the High Court. Tenants from different parts of the country, living in Bengaluru, just got one day to pack their belongings before the homes they were living in were locked up by a bank. The same shall be made under supervision of the bank manager or representative of the Bank and in the presence of the jurisdictional police. The bank had attached the property for default in payment of loan and locked it up. They had been locked out of their homes that they had rented from one Ashok and Premalatha of Koramangala.Ashok and Premalatha had borrowed from Canara Bank, BTM Layout, mortgaging the house.

Tenants from different parts of the country, living in Bengaluru, just got one day to pack their belongings before the homes they were living in were locked up by a bank. This was not because of an exodus induced by violence but a legal necessity as owners of the houses had failed to repay the bank loan.Nagaraju KD from Davangere, Pown C from Tamil Nadu, Sonali Mathad from Bengaluru, Harish BR from Kolar, Orashanth Harakantra from Uttara Kannada and Debayan Sengupta from West Bengal were the affected parties. They had been locked out of their homes that they had rented from one Ashok and Premalatha of Koramangala.Ashok and Premalatha had borrowed from Canara Bank, BTM Layout, mortgaging the house. The bank had attached the property for default in payment of loan and locked it up. The six tenants petitioned the bank, seeking time of six weeks to have access to their residence.When the bank refused, they approached the High Court. The bank had taken over the property under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act. They six claimed in court that they were shocked by the action of the bank. The premises was locked and they did not have access to their movable items inside. As a result, they were put to great difficulty. They sought a direction to the bank to allow them access to their residence for a period of at least six weeks “so as to enable them to remove their articles in their tenements and to quit and handover vacant possession of the premises in question.” The bank opposed this request.The HC said that it can only allow for the removal of the movable properties of the tenants.“Having regard to the fact that movable and articles belonging to the petitioners are on the schedule premises, which are now locked by the Bank, the only relief that can be granted to the petitioners is to permit them to remove their movables and articles from their respective homes. The same shall be made under supervision of the bank manager or representative of the Bank and in the presence of the jurisdictional police. he HC gave them one day to remove their articles from the premises.

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