Sanjivkumar Surajprakash Aggarwal vs State Bank Of India And Ors

The Supreme Court held that the issue of whether the tenancy created in favor of the appellant is a sham must be adjudicated by the Chief Metropolitan Magistrate under Section 14 of the SARAFAESI Act. The Court directed the Magistrate to conduct an inquiry into the genuineness of the tenancy, ensuring the participation of the appellant, and to complete the proceedings within one month. The Court clarified that the inquiry's pendency does not prevent the Bank from taking action against the landlord as per the law.