Allowed

Shabeer Ali P N v. Shriram City Union Finance Limited

DRT22 Nov 2023SA/589/2023

Case brief

AI extract

What is this about?

In this SARFAESI application, a third party tenant challenging eviction measures against a tenant undertook to vacate the property by mid-February 2024. The Tribunal allowed the application without adjudicating merits, permitting vacation within the specified period.

What did the court decide?

Applicant permitted to vacate premises by 15.02.2024 and hand over vacant possession; respondent given liberty to proceed with SARFAESI proceedings beyond that date if possession not surrendered.

Shabeer Ali P N versus Shriram City Union Finance Limited — Banking and Recovery | DRT (2023)

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S.A.589 of 2023 22.11.2023

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 22^nd day of November, 2023

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Present: Shri Ganapathi K.R.K. Presiding Officer

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SARFAESI APPLICATION No. 589 of 2023

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Shabeer Ali P.N. S/o. Abdul Hakeem, Suroor House, Pulikkal, Malappuram District, Kerala – 673 637.

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…. Applicant

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1. M/s. Shriram City Union Finance Limited

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Rep. by its Authorized Officer cum Asst. Vice President – Legal. No. 123, Angappa Naicken Street, Chennai – 600 001.

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2. T. Selvamani W/o. Late G. Thangavelu Nadar, Old No. A70, New No. 44A, Thirumalai Nagar Avenue, 1^st Main Road, Perungudi, Chennai – 600 096. ….Respondents

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Counsels on record / appeared:

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Counsel for Applicant : M/s. B. Thilak Narayanan Counsel for respondent : M/s. Sri & Shankar Associates

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ORDER

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This SA is filed by third party tenant, challenging the measures initiated by first respondent under Section 14 of SARFAESI Act before Ld.CJM, Chengalpattu in

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Crl.M.P. No. 5196 of 2023 dated 08.09.2023, for recovery of a sum of Rs.2,96,23,206/-.

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Affidavit of applicant vide DR.No.8589/2023 is filed by Ld. counsel for applicant submitting therein that applicant undertakes to vacate the SA schedule property within

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S.A.589 of 2023 22.11.2023

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90 days i.e., by or before 15.02.2024 and hand over vacant possession of the property to the 1^st respondent, failing which 1^st respondent may proceed further in accordance to law. It is also submitted that if applicant identifies any suitable place to set up his hotel even earlier to the said date, applicant will immediately vacate the premises and surrender vacant possession of the property to 1^st respondent. Thus submitting, prayed for passing necessary orders.

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Whereas Ld.Counsel for 1^st respondent submitted that 1^st respondent has no objection to maintain status quo until 15.02.2024 or until the date on which the applicant shall hand over vacant possession of the secured asset to the 1^st respondent prior to the said date i.e.,15.02.2024. It is further submitted that in case of failure to comply with the undertaking made by applicant by or before 15.02.2024, 1^st respondent be given liberty to proceed with their SARFAESI proceedings in accordance to law. Ld.Counsel for 1^st respondent made an endorsement to that effect in the affidavit of applicant.

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Affidavit filed on behalf of applicant is taken on file. As applicant himself had undertaken to vacate the premises by or before 15.02.2024, nothing survives for adjudication in this SA, as it is by a third party tenant.

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In the result, this SA is allowed, however without costs. Applicant is permitted to vacate the premises by or before 15.02.2024 and hand over vacant physical possession to first respondent. Liberty be with first respondent to proceed further in accordance to law beyond 15.02.2024, if vacant possession is not handed over to them by applicant by that date, in terms of his undertaking affidavit filed before this Tribunal.

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S.A.589 of 2023 22.11.2023

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Interim order, if any granted and subsisting till this day stands vacated and all

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other IAs, if any pending stand closed.

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With the above directions, this SA stands disposed.

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A copy of the order be communicated to the parties concerned as per extant guidelines.

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(Dictated to Steno (DD), transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 22^nd day of November, 2023)

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Sd/-

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(GANAPATHI K.R.K) PRESIDING OFFICER

Shabeer Ali P N v. Shriram City Union Finance Limited

Case brief

What is this about?

What did the court decide?

Shabeer Ali P N v. Shriram City Union Finance Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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