Disposed

Thanima Agro Development Society v. the Authorized Officer

Kerala HC5 Oct 2021WP(C)/17193/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a licensee of the respondents, sought to continue business on payment of fees despite recovery proceedings initiated under the SARFAESI Act. The High Court directed the Bank to expeditiously consider and dispose of the petitioner's representation regarding its status.

What did the court decide?

Directed the second respondent to consider and pass appropriate orders on the Ext.P7 representation submitted by the petitioner expeditiously.

Thanima Agro Development Society Vs the Authorized Officer — Banking and Recovery | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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TUESDAY, THE 5^TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

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WP(C) NO. 17193 OF 2021

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PETITIONER:

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THANIMA AGRO DEVELOPMENT SOCIETY REG.NO. IDK/TV/163/2020, VADAKKUMURI P.O, THODUPUZHA, REPRESENTED BY ITS PRESIDENT, JAYAKUMAR @ JAYAN PRABHAKARAN, S/O. PRABHAKARAN, AGED 48 YEARS, KURUMBAYIL (HOUSE), KARIMANOOR P.O, THODUPUZHA - 685584. BY ADVS. M.R.NANDAKUMAR BABU SEBASTIAN

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RESPONDENTS:

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1 THE AUTHORIZED OFFICER THE URBAN CO-OPERATIVE BANK LTD, NO. 394, URBAN BANK BUILDING, THODUPUZHA P.O, IDUKKI - 685584. 2 THE URBAN CO-OPERATIVE BANK LTD NO. 394, REPRESENTED BY ITS SECRETARY, URBAN BANK BUILDING, THODUPUZHA P.O, IDUKKI - 685584. 3 ASHOK KUMAR AGED 60 YEARS S/O. PADMANABHAN NAIR, NEDUMPILLIL KRISHNAKRIPA, NEAR MOOPPIL BRIDGE, THODUPUZHA - 685584. 4 UMA DEVI AGED 52 YEARS W/O. ASHOK KUMAR, , NEDUMPILLIL KRISHNAKRIPA, NEAR MOOPPIL BRIDGE, THODUPUZHA - 685584. BY ADVS. ATHUL SHAJI H.PRAVEEN (KOTTARAKARA) K.MOHANAKANNANBY SRI.BIMAL K. NATH, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.17193 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 5^th day of October, 2021

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J U D G M E N T

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An extent of 12.54 Ares of property in Sy.

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No.152/7-2-2 of Thodupuzha village belonging to respondents 3 and 4 were taken on a licence arrangement

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by the petitioner as per Ext.P1 licence deed, for conducting business. The term of licence is up to 11.07.2023. In the meantime, consequent on the default in repayment of credit facilities availed by respondents 3 and 4 from the second respondent Bank, proceedings were initiated by the Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as “the SARFAESI Act”). The Chief Judicial Magistrate in exercise of powers under the SARFAESI Act appointed an Advocate Commissioner to take possession of the property and hand over the same to the Bank.

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W. P. (C) No.17193 of 2021 -: 2 :-

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According to the petitioner, they do not want to

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interfere with the recovery proceedings, but they may be permitted to continue in occupation of the premises and do the business on payment of the licence fee to the Bank. In terms of Ext.P1 licence agreement entered into with respondents 3 and 4, the licence fee payable is

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`25,000/- per month. With the above request, the petitioner submitted Ext.P7 representation before the second respondent. The petitioner confines its relief for an expeditious consideration of Ext.P7 representation.

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Having heard the learned counsel for the petitioner and the learned Standing Counsel for the Bank, the writ petition is disposed of directing the second respondent to consider and pass appropriate orders on Ext.P7 representation, expeditiously.

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Sd/-

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SATHISH NINAN JUDGE

//True Copy//

P.S. to Judge

kns/-

APPENDIX OF WP(C) 17193/2021

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PETITIONER EXHIBITS

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Exhibit	P1 A TRUE COPY OF LICENSE DEED DATED 27.08.2020 BETWEEN THE PETITIONER AND 3RD AND 4TH RESPONDENTS.
Exhibit	P2 A TRUE COPY OF THE NOTICE DATED 27.07.2021 OF THE 1ST RESPONDENT.
Exhibit	P3 A TRUE COPY OF THE POSSESSION NOTICE DATED NIL ISSUED BY THE 1ST RESPONDENT.
Exhibit	P4 A TRUE COPY OF THE CMP NO. 1372/2021 DATED 29.07.2021 BEFORE THE CHIEF JUDICIAL
	MAGISTRATE COURT, THODUPUZHA, FILED BY THE PETITIONER.
Exhibit	P5 A TRUE COPY OF THE ORDER DATED 04.08.2021 IN CMP NO. 1372/2021 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA.
Exhibit	P6 TRUE COPY OF THE ORDER IN CMP 1374/2021 DATED 04.08.2021.
Exhibit	P7 A TRUE COPY OF THE REPRESENTATION DATED 27.07.2021.

Thanima Agro Development Society v. the Authorized Officer

Case brief

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Thanima Agro Development Society v. the Authorized Officer

Case brief

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