The Karur Vysya Bank Limited Represented by its Authorized Officer, Chief Manager, Erode Main, No.24, Muthurangam Street, Erode 638 001. .. Respondent in W.P.Nos.13002 to 13004 of 2017 Prayer in W.P.No.12958/2017:- Writ Petition filed under Article 226 of the Constitution, to issue a writ of certiorarified mandamus calling for the records of the first respondent culminating in its notices bearing DGM/ADV/1981 and DGM/ADV/1983, both dated 01.03.2017 issued under Section 13(2) of the SARFAESI Act, quash the same in so far as it seeks to apply provisions of the SARFAESI Act to the agricultural lands of the petitioner set out in the schedule of the said notice and to forbear the respondents from invoking any provision of the SARFAESI Act in respect of the agricultural lands of the petitioner.
Common Prayer in W.P.Nos.13002, 13003 & 13004/2017:- Writ Petitions filed under
Article 226 of the Constitution, to issue a writ of certiorarified mandamus calling for the records of the first respondent culminating in its impugned notice dated 08.03.2017 issued under
Section 13(2) of the SARFAESI Act, quash the same in so far as it seeks to apply provisions of the SARFAESI Act to the agricultural lands of the petitioner set out in the schedule A of the said notice and to forbear the respondent, their men, officers, agents, assigns, representatives and/or anyone acting or claiming through or under them from in any manner invoking any provision of the SARFAESI Act in respect of agricultural lands.
W.P.No.12958 of 2017:-
For petitioner - Mr.N.L.Rajah, Senior Counsel, for Mr.Arun Anbumani For Respondents - Mr.P.Elayarajkumar for M/s.Ramalingam Associates W.P.Nos.13002 to 13004 of 2017:-
For petitioner - Mr.N.L.Rajah, Senior Counsel, for Mr.Arun Anbumani For Respondent - Mr.R.Umasuthan COMMON ORDER (Order of the Court was made by HULUVADI G.RAMESH, J.,) Challenging the notices issued by the first respondent dated 01.03.2017 and 08.03.2017 respectively issued under
Section 13(2) of the SARFAESI Act, the petitioners are before this Court with these writ petitions.
2.Heard the learned counsel for the petitioners and the learned counsel for the respondent.
3.M/s.Maharaja Sathyam Industries Private Limited stood as a Corporate Guarantor for the financial assistance extended by the State Bank of India/respondents in W.P.No.12958 of 2017 to M/s.Sri Maharaja Oil Imports and Exports India Private Limited. Mr.P.Sathyamoorthy, the petitioner in W.P.Nos.13002 & 13003 of 2017 stood as a guarantor for the financial assistance extended to Sri Maharaja Industries by the Karur Vysya Bank Limited. Sri Maharaja Refineries/petitioner in W.P.No.13004 of 2017 availed financial assistance from the Karur Vysya Bank Ltd. For the said purpose, the Guarantors had mortgaged their respective agricultural lands. Since, the borrower companies are not in a position to pay the loan amount secured, the respondent Banks issued notices under the SARFAESI Act to the borrower Companies as well as the guarantors.
4.In the mean while, the Guarantors have sought the respondent Banks to furnish certain documents and clarifications with regard to the said loan. The petitioners have also submitted individual representations to the respondent Banks to consider their cases sympathetically. But the respondent Banks failed to consider the case of the petitioners.
5.According to the petitioners, since, the mortgaged properties are agricultural lands, the respondent Banks have failed to show some concern thereby excluding the same from the purview of SARFAESI proceedings. If the agricultural lands are being attached, the land owners will be put to great hardship.
6.This Court is of the view that attachment of the properties is a different aspect and for that, the petitioners cannot approach this Court. The petitioners are directed to approach the appropriate Forum under the SARFAESI Act. The petitioners are at liberty to raise the contentions raised before this Court before the appropriate forum.
7.With the above directions, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
(H.G.R.J.,) (T.K.R.J.,) 08.06.2017 jbm Index :Yes/No Internet :Yes/No Speaking order/Non-speaking order To
1. HDFC Bank Ltd., CEEBROS 4th Floor, No.110, Nelson manickam Road, Aminjikarai, Chennai 600 029.
2. The Debt Recovery Tribunal II Chennai, 4th Floor, Dewa Towers, 770-A, Anna Salai, Chennai 2.
3. The Debt Recovery Appellant Tribunal Chennai, 4th Floor, Indian Bank Circle Office, 55, Ethiraj Salai, Chennai.
HULUVADI G.RAMESH.J., AND RMT.TEEKAA RAMAN.J., jbm W.P.Nos.12958, 13002 to 13004 of 2017 08.06.2017