Disposed

Canara Bank v. M/s Bava Mines and Minerals

DRT18 Sept 2023OA/770/2023

Case brief

AI extract

What is this about?

DRT-I, Bengaluru disposed of an interim application seeking attachment of properties before judgment. The Court directed defendants to furnish security equivalent to the claim amount or show cause why attachment should not be allowed. Notice was issued to prevent registration of transfer of the schedule properties.

What did the court decide?

Interim attachment of schedule properties directed. Defendants directed to furnish security equivalent to claim. Notice served to prevent registration of transfers.

Canara Bank versus M/s Bava Mines and Minerals — Execution and Attachment | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-I, KARNATAKA AT BENGALURU

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Dated this the 18th day of Septembet 2023

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Present: Sri IMTIAZ ALI

Presiding Officer

IA No,r960/2023

O.A, No.77O 12023

BETWEENI

CANARA BANK

lvlid Corporate Branch, Hampankatta,

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14anga lu ru

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AND:

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PETITIONER/ APPLICANT BANK

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1. M/S BAVA MINES AND MINERALS,

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A Partnership Firm

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represented by its tv|anaging partner

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i.e,, the Defendant No.2 hereunder

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Office at: Shop No.113/21, Ground Floor,

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Commerce Centre, Airport Road, Kulur,

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Mangalore, Karnataka - 575013.

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2. MT B.A MOHIUDDIN BAVA

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Aged about 58^years,

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S/o. Haji Baikampady M Ahmed @ Ahmed Bava

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Partner of M/s Bava Mines and Minerals

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3. Mrs NAGEENA MOIDEEN BAVA

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Aged about 53^years W/o B.A Mohiuddin Bava,

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Partner of M/S. Bava lvlines and Mineral Defendant Nos. 02 & 03 are residing at: H.No 9-38/1, Mehshoof Manzil, Chokkabettu, Katipalla Via Surathkal, Mangalore, Karnataka - 575O!4.

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1.A.No.1960/2023ⁱⁿ O.A.No.770l2023

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4. MTBMMUMTAZALI

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S/oBMAhmedBava,

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H No 8-118, Block^No'B, Shoukath Manzil, Chokkabettu, Krishnapura, Surathkal, Mangalore, Karnataka^{- 575014...}

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RESPONDENTS/ DEFENDANTS

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EX PARTE AD INTERIM^{ORDER ON IA NO.1960/2023}

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The^present OA^{is filed by the ApplicantBank against} the Defendants for^{issuance of recovery certificate and other} reliefs for recovery of^{a sum of Rs' 15,94,00,873/-together} with agreed rate^{of interest,costs, charges etc'}

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The above Interlocutory^{Application is filed by the} Applicant Bank^{with affidavitof its ManagerSri Manjuraj C,} seeking to^{pass an order of attachment before judgmentof} the item Nos.l^to 9^{of the scheduleidentifiedpropefties} against Defendant^{No.4 and further to direct the Defendant} No.4 not to transfer,^{alienate or otherwise dealing with or} disposing of^{any propertyand assetsbelonging to him without} the^{prior permission of this Tribunalwith directionto the} District Registrar,^{Mangalore not to entertain any registration} and to allow the^{applicationto meet the ends of justice' In the} affidavit, inter alia, it^{is submitted that Defendant No'4 is the} owner of 50o/o^{share in the Property No.1 and also the owner} of Property Nos'2,^{3, 4, 5, 6 and 7. It is furthersubmitted} that Defendant^{No.4 is the ownerof 50o/oof sharein Property} No.B and has^{got 1/3d share in the PropertyNo'9, whereas}

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1.A.No.1960/2023 in O.A.No.770/2A21

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the encumbrance certificate obtained by the Applicant Banl< from 01.04.2004 to 16.06.2023 discloses that the property No.9 is in the name of Defendant No.4. The Applicant Bank has reliably learnt that the Defendant No.4 is planning to create third-party interest on the schedule identifieri properties and also sell the properties owned by him for throwaway price to defeat the legitimate claim of the Applicant Bank. It is further submitted that Defendant No.4 will flee away from the jurisdiction of this Tribunal and is planning to settle down in unknown place. In such an event, it is very difficult to trace the Defendant No.4 and recover thi huge outstanding liability. Hence, the Applicant Bank has sought to allow the present I.A, as prayed for.

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It appears that the Applicant Bank has filed the IA on the premise that the Defendant No.4 may alienate or encumber Items No.1 to 9 of the schedule identified ,:. properties in favour of any other agency or third party. It cannot be disputed that the amount in question is increasing by adding interest and admittedly the amount involved is a very large sum. Considering the very large sum of OA involved in this case, and balance of convenience, the present IA is to be arrowed, if the Defendants fair to furnish security equivalent to claim amount, by keeping open the merits of the case and without prejudice to the rights of both the parties.

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1.A.No.1950/2023 in O.A.No.770l2023

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By doing so, no^{prejudice, nor harm nor loss will be causedto} the Defendants. As^{the ApplicantBank has primafacie} established the^{essential ingredients for granting an ex parte} ad interim order, I^{proceedto passfollowing:}

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ORDER

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Defendants are^{hereby directed to furnish security} equivalent to OA^{claimamount on or before the next} date of hearing^{or to appearand show causewhy the} Defendants should^{not furnish security,failing which} interim relief sought^{in IA No.1960/2023will stand} allowed.

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Serve notice to^{the Defendants/Respondentson IA} by RPAD. Applicant^{Bank is directed to producea} copy of this order^{before the District Registrar'} Mangalore seeking^{not to entertain any registration} in respect of^{concerned scheduleproperties'}

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SCHEDULE^{IDENTIFIEDPROPERTY}

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Propertv No 1:^{the DefendantNo'4is the owner of all that} piece and parcel of the^{non-Agricultureland propertyin} Katipalla Village,^{Surathkal Hobli and MangaluruTaluk'} Dakshina Kannada^District.

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1A.No.1960/2023 in O.A.No.770/2023

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Survey No.	ExtentA-C	CommonBoundaries
2-3AP1	0-25.00	Eastby:Road Westby:PortionofSy.No. 2- 3A1.
		Northby:Roadand Portionof
		Sy.No.2.
2-3AP2	0-25.00	Southby:PortionofSy.No.2- 3B
Total	0-50.00

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Prooerty No 2t the Defendant No.4 is the owner of all that piece and parcel of the non-Agriculture land property in Katipalla Village, Surathkal Hobli and Mangaluru Taluk, Dakshina Kannada District.

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SurveyNo.	ExtentA-C	CommonBoundaries
39-2AP1	o-48.75	Eastby:SurveyLine;
		Westby:PortionofsameSy. No.
39-2AP1	o-o3.oo	Northby:^portionofsameSy. No. Southbv:30-0 Ft.Roart
Total	o-51.75

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Prooerty No. 3: the Defendant No.4 is the owner of ail that piece and parcer of the non-Agricurture rand property in Rayi village, Bantwara Hobri and Bantwara Taruk, Dakshina Kannada District.

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SurveyNo.	ExtentA-C
L57.LA2	o-70.oo
Total	o-70.oo

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1.A.No.1960/2023ⁱⁿ O.A.No.77Ol2O23

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Propertv No 4: the^{DefendantNo.4} is the owner of all that piece and parcel of the non-Agriculture land property in SajiPa and Bantwala^Taluk, Padu Village, Panemangaluru^Hobli Dakshina Kannada District.

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SurveyNo.	ExtentA-C	Boundaries
33-1A5	3-12.OO	Eastby:Portionofsame^SY' No. Westby:Portion of same^SY. No. Northby:Sy.No.32 Southby:Sy.No.³⁵
Total	3-12.OO

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Propertv No 5:^{the DefendantNo'4 is the ownerof allthat} piece and parcel of the^{industrial land knownas Plot} No.141-I admeasuring^{1817 Square Meters of Baikampadi} Industrial area,^{situatedin Survey No' 11-Portion and 86-} Portion of^{BaikampadyVillage, SurathkalHobli' Mangaluru} Taluk, Dakshina^{KannadaDistrict and bounded as follows:}

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: KIADB Storm^{Water Drain} East by KIADB Road West by^: North by^: KIADB Storm^WaterDrain South bY^: Plot No. 141-J

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Prooertv^No 6:^{the DefendantNo'4 is the owner of all that} piece and parcel of^{the industrial land knownas Plot} No.14O-A admeasuring^{4250 SquareMeters of Baikampadi} Industrial area,^{situated in 86 ofBaikampadyVillage'}

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t.A.No.1960/2023 in O.A.No.770/2023

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Surathkal Hobli, Mangaluru Taluk, Dakshina Kannada District and bounded as follows:

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East by Plot No. 140-D West by Plot No. 140-8 North by KIADB Road South by Plot No. 141-I

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Propertv No 7: the Defendant No.4 is the owner of all that residential apartment Flat No. 9O2 (pID No: 23_2_39/41_85_ 902), in B Block, measuring 1g8S Sq.ft. super built up area situated in Fifth Floor of SKYLINE BLUE BERRY HILL_I, in schedule 'A' property inclusive of proportionate share in common area such as passage, lobbies, lifts staircases and other area of common use and one car parking space bearing No,44. And 776.49 o/o undivided share, right, tifle, interest and ownership in the schedule.A, property, which shall bear the same proportion to the super buirt up area of the schedure 'C'apartment as total area in the schedule,A, property to the total super built up area constructed on all the piece and parcel of Non-agriculture immovable property held on warg right situated in Derebail Village of Mangaluru City, within limits of Mangarore corporation, Dakshin Kannada and comprised in:

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1.A.No.1960/2023ⁱⁿ O.A.No.770l2023

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SurveyNo.	ExtentA-C
136-1AP1	o-20.oo
136-1AP1	o-50.oo
Total	o-70.oo

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The Defendant No.4^{purchased said propertyfrom M/s A S H} Incorporated Builder^{on 18-07-20t2.The above said property} was registered in^{the name of Mangalore Marine & oil} Industry, in which^{the Defendant No. 4 is the Proprietor.}

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Prooertv No⁸ :^{the Defendant No.4 is the owner of all that} Complete^{residential Apartment No' F1, on 1't Floor of} ApartmentbuiIdingknownaS"CLASSIIQUESIGNATURE" measuring2gs5Sq.Ft',with2Carparkingslotsnumbered as L2O &^{L21 and with 6.710/o of undividedright in the 'A',} schedule^{land and with common rights and facilities detailed} in the deed^{of declarationin the Non-agricultureimmovable} propertyheldonMulagenirightsituatedatKadriVillage, MangaluruTaluk,withinKadriwardofMangaluruCity CorporationandwithintheregistrationofSub.Districtof Mangaluru^{CitY and comPrised in:}

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<br>

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R. SNo.	T.SNO.	ExtentA-C
8s/1A2A	Lsezl LzA	o-22.OO
8s/1A	t582l1A2A	o-28.OO
	Total	o-so.oo

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1.A.No.1960/2023 in O.A.No.770l2023

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Prooertv No 9 : the Defendant No.4 is the owner of Residential Three Bedroom Apartment No. 901, measuring 1655 sq. ft. buirt up area arong with g4.73 Sq. ft common area and totally measuring L73g.73 sq. ft super built area on the 9th floor bearing D. No. 17-1g-13 79/49 of apartment building space bearing No.10 on the ground froor arong with 2.L4o/o undivided right in the property and with common rights and facilities as declared in the Deed of Declaration in all that piece and parcer of Immovabre Non-agricurture property situated in Kankanady B Village, of Mangaturu Tatuk and within the limits of Mangaluru city corporation and within the limits of Registration Sub-District of Mangaruru city of Dakshina Kannada.

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	ExtentA-C
	o-34.OO	Eastby:Sub Divisionrr-ne. Westby:Sub Divisionline. Northby:Sub Divisionline. Southby:^portionofsame
	o-20.oo	Eastby:Sub Oivisionline. Westby :Sub Divisionline. Northby:^portionofsame Sy.No.
		Southbv:Sub Divisiontine.
se/4P2		Eastby:Sub Oivisionline.
(59/74as perRTC)	o-50.oo	Westby :Sub Divisionline. Northby:Sub Divjsionline. Southbv:Sub Divisionline.

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1.A.No.1960/2023ⁱⁿ O.A.No.770/2023

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East by : Sub^{Divisionline.} West by : Portion^{of same} Sy.No.. North by: Portion^{of same} s9 I 4P2 o-33.50 Sy.No. &Sub Division^line. South bY:^{Portion of same}

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It is^{joint propertyin names of M/s Umaya Developers Pvt} Ltd., Mr.^{AbdulAzeez and Mr' Mumtaz Ali B' M' and they} purchased said^{property on 23'06'2ott'}

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For compliance/steps/further^{proceedings before Registrarcall} on 1O.1O.2023. \

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\ ',0'^{j eb} (IMTIAL ALI) PRESIDING^OFFICER DRT-I, BENGALURU

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ash

Canara Bank v. M/s Bava Mines and Minerals

Case brief

What is this about?

What did the court decide?

Canara Bank v. M/s Bava Mines and Minerals

Case brief

What is this about?

What did the court decide?

What the court decided

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