EQUITAS SMALL FINANCE BANK LIMITED v. A. MOHAMED BOWMI

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). OF 2026 [@ SLP(C) No(s). 17498-17510/2022]

EQUITAS SMALL FINANCE BANK LIMITED Appellant(s)

A. MOHAMED BOWMI & ORS. Respondent(s)

1. Leave granted.

2. These appeals by way of special leave arise out of the

judgment and order dated 01.08.2022 passed by the High Court

of Madras in Writ Petition (MD) Nos. 16622 to 16634 of 2022

whereby the High Court allowed the Writ Petition filed by

respondent no. 1 in each of the Civil Appeals herein and

declared them as tenants and further directed the appellant-

bank to de-seal the premises and hand over possession to the

tenants.

3. The appellant extended financial credit facilities to the

original borrowers/landlords. Upon default in repayment, the

accounts were classified as Non-Performing Assets (NPA),

prompting the appellant to initiate recovery proceedings under

the SARFAESI Act, 2002. Following the issuance of a demand

notice under Section 13(2) and a possession notice under

Section 13(4), the appellant obtained an order from the

jurisdictional District Magistrate/Chief Judicial Magistrate

under Section 14 to take physical possession of the secured

assets. On 04.07.2022, the appellant executed the said order

and sealed the premises.

4. The Respondents herein, claiming to be bona fide tenants

of ...