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2018 DIGILAW 321 (KAR)

Aravindamma v. K. S. Jayalakshmammanni

2018-03-05

VINEET KOTHARI

body2018
JUDGMENT : Vineet Kothari, J. The petitioners, Smt. Aravindamma, Smt. Shashikala Narayana Bhandare and Sri.N. Umesh are the tenants of Respondent No.1 Smt. K.S. Date of Order 05-03-2018 W.P.Nos.10172-174/2018 Smt. Aravindamma & Others Vs. Smt. K.S. Jayalakshmammanni & Another Jayalakshmammanni, who is the borrower of loan in the Respondent No.2 State Bank of India. 2. The petitioner tenants have filed these writ petitions in this Court on 02/03/2018, aggrieved by the Notices Annexures D, D1 and D2, all dated 26/02/2018, given by the Respondent - State Bank of India, seeking to evict them from the property in question within seven days. 3. The learned counsel for the petitioners Tenants, Mr.E. Rajagopala urged before the Court that to the borrower Smt. K.S. Jayalakshmammanni herself, the Bank has given 60 days' time vide same Notice Annexures D, D1 & D2, all dated 26/02/2018 to repay the loan in question failing which the secured Asset (Building) in which the petitioners are tenants, will be taken over under the provisions of the SARFAESI Act, 2002, but the petitioners tenants have Date of Order 05-03-2018 W.P.Nos.10172-174/2018 Smt. Aravindamma & Others Vs. Smt. K.S. Jayalakshmammanni & Another been given only seven days' time under the Notice dated 26/02/2018. 4. This Court has already held in the case of M/s. Remco Software Pvt.Ltd. and others Vs. HDB Financial Services Ltd. and others in W.P.Nos.35597-601/2017 & 35602-604/2017(GM-RES), decided on 08/08/2017 that the tenants also have a right to approach the Debt Recovery Tribunal under Section 17(4-A) of the SARFAESI Act, 2002 raising their objections in the matter. The petitioners therefore have an effective alternative remedy available to them under the SARFAESI Act, 2002. 5. The relevant portion of the said order passed by this Court on 08/08/2017 in the aforesaid writ petitions is quoted below for ready reference. 20. Here, since the petitioners have an effective, alternative remedy under Section Date of Order 05-03-2018 W.P.Nos.10172-174/2018 Smt. Aravindamma & Others Vs. 5. The relevant portion of the said order passed by this Court on 08/08/2017 in the aforesaid writ petitions is quoted below for ready reference. 20. Here, since the petitioners have an effective, alternative remedy under Section Date of Order 05-03-2018 W.P.Nos.10172-174/2018 Smt. Aravindamma & Others Vs. Smt. K.S. Jayalakshmammanni & Another 17 (4A) of the SARFAESI Act, 2002 now available to them, where the Debt Recovery Tribunal can go into the question of validity of tenancy as per the said provisions, this Court would not make any observation on the merits of the contentions raised by the parties and the petitions are therefore disposed of with a liberty and direction to the petitioners to file their Applications before the concerned Debt Recovery Tribunal under Section 17 (4-A) of the SARFAESI Act, 2002, within a period of two weeks from today and for a period of four weeks only from today, without any extension of time further by this Court, it is directed that the Respondent - Financial Institution, in execution of the impugned order under Section 14 of the SARFAESI Act, 2002, dated 20/05/2017 shall not take coercive measures for seeking physical and vacant possession of the said tenanted portions of the premises from the petitioners provided further that the petitioners will give an Undertaking in writing to the Respondent No.1, Financial Institution/Bank that all arrears of rent and the current rentals due to be paid by them to the Respondent Date of Order 05-03-2018 W.P.Nos.10172-174/2018 Smt. Aravindamma & Others Vs. Smt. K.S. Jayalakshmammanni & Another lessors/landlords will be made over to the respondent No.1 Financial Institution within the aforesaid period of two weeks and they shall continue to deposit the rent with the Respondent No.1 Financial Institution till they hold the possession of the said premises under their Lease/Rent Agreement. The operation of impugned order under Section 14 of the Act would abide by the orders to be passed by the DRT under Section 17(4A) of the Act. 21. The further course of action after four weeks from today, will be subject to the further orders to be passed by the Debt Recovery Tribunal as far as the petitioners tenants in the Secured Asset/premises in question are concerned. 22. 21. The further course of action after four weeks from today, will be subject to the further orders to be passed by the Debt Recovery Tribunal as far as the petitioners tenants in the Secured Asset/premises in question are concerned. 22. It is made clear that the present order will govern only the case of the present lessees/tenants in the said premises, for the time being and will not affect any other action of the Respondent No.1 - Financial Institution against the principal borrowers/landlords/Respondents in the present writ petitions. Date of Order 05-03-2018 W.P.Nos.10172-174/2018 Smt. Aravindamma & Others Vs. Smt. K.S. Jayalakshmammanni & Another 23. Accordingly the writ petitions stand disposed of. No costs. Copy of this order be sent to the concerned parties and the learned Court below which passed the order under Section 14 of the SARFAESI Act, 2002 and the Debt Recovery Tribunal, Bengaluru, as also to the Chief Secretary and District Judge for bringing it to the notice of the concerned Chief Metropolitan Magistrates/District Magistrates, who exercise the jurisdiction under Section 14 of the Act." 6. In view of the aforesaid, the present petitioners are allowed to approach the Debt Recovery Tribunal under Section 17(4-A) of the SARFAESI Act, 2002, within a period of one month from today in the matter. 7. For a period of four weeks only from today, the precipitative action for evicting the petitioners tenants from the property in question may not be taken by the Respondent Bank. Date of Order 05-03-2018 W.P.Nos.10172-174/2018 Smt. Aravindamma & Others Vs. Smt. K.S. Jayalakshmammanni & Another 8. With the aforesaid observations, the present writ petitions stand disposed of in the same terms as aforesaid order of this Court. No order as to costs. 9. Copy of this order be sent to the Respondents forthwith.