Dismissed

Vinayaka Missions Homoeopathic Medical College and Hospital Salem v. Union Bank of India

DRT19 Nov 2024SA/20/2024

Case brief

AI extract

What is this about?

DRT-I Chennai dismissed the applicant's application challenging a CJM order for possession under the SARFAESI Act, citing a Supreme Court ruling against third-party tenants. However, the tribunal directed the applicant to vacate by year-end to facilitate relocation.

What did the court decide?

Application dismissed; applicant directed to vacate property by 31.12.2024; notice to defendants dispensed.

Vinayaka Missions Homoeopathic Medical College and… — Execution and Attachment | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL –I AT CHENNAI

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Dated this 19^th Day of November. 2024

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PRESENT: SHRI A.S.JAYACHANDRA

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Presiding Officer

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S.A. No.20 of 2024

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Vinayaka Missions’ Homoeopathic Medical College & Hospital,

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Salem – City Health Centre, (NABH Accredited hospital), Door No.50, New No.5/883, First Agraharam, Salem – 636001.

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. . . Applicant

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Versus

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1. Union Bank of India

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[Erstwhile Corporation Bank],

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No.38 & 39, Whites Road, Royapettah,

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Chennai – 600014.

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Rep. through its Authorised Officer/Chief manager Ms.Deepa Devi,

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2. M/s.Vasan Health Care Pvt. Ltd.,

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Rep. by its Resolution Professional Mr.S.Rajendran,

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No.383, Anna Salai, Saidapet,

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Chennai – 600015.

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3. Mrs. Meera Arun,

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Estate of Deceased Mr.Arun, No.1A, Annamalai Nagar Main Road, Thillai Nagar,

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Tiruchirapalli – 620 018.

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4. Ms.Tharana Arun,

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Estate of Deceased Mr.Arun, No.1A, Annamalai Nagar Main Road,

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Thillai Nagar, Tiruchirapalli – 620 018.

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5. Mrs. A.M.Rajeshwari,

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No.1A, Annamalai Nagar Main Road, Thillai Nagar, Tiruchirapalli – 620 018.

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6. Mrs. Beena Veeraiah,

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Glazebrook Estate,

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Keeraikadu Village,

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Yercaud Taluk – 636601.

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7. Mr.Bala Yudish Murugaiah Arun,

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Estate of Deceased Mr.Arun, No.1A, Annamalai Nagar Main Road, Thillai Nagar, Tiruchirapalli – 620 018.

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8. Mrs. Meera Arun,

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No.1A, Annamalai Nagar Main Road, Thillai Nagar, Tiruchirapalli – 620 018.

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9. Mrs. D.Nirmala,

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No.265/2, Greenlands Nagarmalai Adivaram Road, Alagapuram, Salem – 636 016. . . . Defendants

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File taken up today upon mentioning by the counsel for the Applicant by Sh. L.Swaminathan,Adv

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IA-163/2024 - emergent petition. Heard .The same is allowed.

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IA-164/2024 - stay petition. The Applicant is a Trust. The trustee is running an educational institution in the property to which the defendant bank had obtained an order seeking assistance from the court of the Ld CJM,Salem which passed the

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impugned order dt 30.09.2024 in Crl MP -1359/2024. By the said orders the mortgagers namely the defendants 2 to 10 are directed to hand over the possession of the property under section 14 of the sarfaesi act.

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Admittedly the Applicant trust is a 3^rd party to the transactions between the borrower and the lender.

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The ld counsel Sh.L.Swaminathan submits that the trust is under occupation of the property to which the orders are passed by the ld CJM. He also admits that the lease deed dt 11.2.2016 is unregistered.

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In view of the ruling of the Hon’ble SCI in Hemraj Ratnakar Salian Vs. HDFC Bank Ltd., and Ors, reported in 2021 SCC online SC 611 , the Applicant has no locus to challenge the orders of the Ld CJM. In view of the above, notices to the defendants are dispensed.

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It is held there in that the unregistered tenant cannot object the secured creditor in taking possession of the property.

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Hence the present SA is not maintainable.

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However considering the difficulties of the Applicant Trust in relocating, the Applicant is directed to quit and deliver the vacant possession of the property on or before 31.12.2024 failing which the defendant no-1 bank would be at liberty to execute the warrants already obtained from the competent court of the ld CJM. The Applicant is directed to file an affidavit to this effect within 3 days. If no affidavit is filed warrant be executed immediately.

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A copy of this order be communicated by the Applicant after filing of the affidavit in this Tribunal to the defendant no-1 bank. Thus the SA-20/2024 stands disposed of along with all the pending IAs.

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Sd/-

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(A.S.JAYACHANDRA) PRESIDING OFFICER DRT-I, CHENNAI

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(Dictated to Assistant who typed in the system, corrected, signed and pronounced in open court on this 19^TH Day of November, 2024)

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Vinayaka Missions Homoeopathic Medical College and Hospital Salem v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Vinayaka Missions Homoeopathic Medical College and Hospital Salem v. Union Bank of India

Case brief

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What did the court decide?

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