IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.02.2017 CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.2991 of 2017 and W.M.P.No.2870 of 2017 V.Ranjith Chandar .. Petitioner versus
1. The District Collector, office of the District Collectorate, Coimbatore - 641018.
2. Indian Overseas Bank, Coimbatore Main Branch, No.1218, Big Bazaar Street, Coimbatore - 641 001.
3. State Bank of India, Stress Asset Management Branch, Avinashi Road, Coimbatore - 641044.
4. The Official Liquidator, High Court, Madras as the Provisional Liquidator of M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from taking any steps under the SARFAESI Act or Rules made thereunder or under RDDBI & FI Act before the Debts Recovery Tribunal, Coimbatore for recovery of any debts due from the petitioner or M/s.Hi Tech Mineral Industries (Covai) P.
Ltd., to the respondents 2 and 3 without taking legal steps to include the 4th respondent in the recovery process as envisaged by the Honourable Supreme Court of India in the case of Anita International and another Vs. Thungabadra Sugar Works Mazdoor Sangh and others reported in CDJ 2016 SC 527.
For Petitioner : Mr.Silambannan, Sr. Counsel For Respondents : Mr.T.M.Pappaiah (for R1) Special Government Pleader.
ORDER
(Order of the Court was made by S.MANIKUMAR, J.) One of the Directors of M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore, has filed the instant writ petition for a writ of mandamus forbearing the respondents 1 to 3 from taking any steps under the SARFAESI Act or Rules made thereunder or under RDDBI & FI Act before the Debts Recovery Tribunal, Coimbatore for recovery of any debts due from the petitioner or M/s.Hi Tech Mineral Industries (Covai) P. Ltd., to the respondents 2 and 3 without taking legal steps to include the 4th respondent in the recovery process as envisaged by the Hon'ble Supreme Court of India in the case of Anita International and another Vs. Thungabadra Sugar Works Mazdoor Sangh and others reported in CDJ 2016 SC 527.
2. Material on record discloses that M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore, has availed loan from Indian Overseas Bank, Coimbatore Main Branch, Coimbatore. According to the Director 13 properties have been offered as security. Out of which, three are agricultural properties. Apart from the above, petitioner company has availed loan assistance of Rs.5.5 Crores from State Bank of India, Stress Asset Management Branch, Coimbatore. There was a default in payment. Indian Overseas Bank, Coimbatore Main Branch, Coimbatore and State Bank of India, Stress Asset Management Branch, Coimbatore, respondents 2 and 3, have taken separate proceedings under the recovery laws.
3. Indian Overseas Bank, Coimbatore Main Branch, Coimbatore, the 2nd respondent has initiated action for recovery of Rs.2.16 crores after issuing notices under Sections 13(2) and 13(4) of the SARFAESI Act, 2002 and has taken steps to bring 10 immovable properties and movable properties for sale.
4. State Bank of India, Stress Asset Management Branch, Coimbatore, the 3rd respondent has initiated action under RDDB & FI Act, claiming a sum of Rs.5.75 Crores and filed O.A.No.367 of 2014.
5. M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore, has filed S.A.No.227 of 2014 on the file of the Debts Recovery Tribunal, Coimbatore, resisting attachment and sale, in I.A.No.1354 of 20144. In S.A.No.227 of 2014, Debts Recovery Tribunal, Coimbatore has passed an order directing M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore, to pay, Rs.60 Crores, in three installments, as an interim measure.
6. Being aggrieved, the petitioner company and guarantors have filed CRP No.4570 of 2014 before this Court, and during the course of hearing of CRP, petitioners therein have submitted that they have no objection for the sale of Ladies hostel, one of the properties under attachment. The said property was sold in e-auction held on 24.11.2014 for a sum of Rs.5,30,45,000/-.
7. Writ petitioner has contended that one A&A International Trading Private Limited, has filed winding up petition in C.P.No.385 of 2014, on the file of this Court, against M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore and that vide order dated 23.03.2015 in C.A.No.1008 of 2016 in C.P.No.385 of 2015, this Court was pleased to appoint the Official Liquidator, High Court, Madras.
8. Thereafter, Official Liquidator has filed an application in C.A.No.1008 of 2016 in C.P.No.385 of 2014, stating that the Directors of the Company have not filed statement of affairs though, Form No.55 notice was issued to them. The petitioner has further contended that on 04.09.2015, the Official Liquidator, High Court, Madras, has issued orders directing handing over possession of the assets of the company. The said order was received on 09.09.2015. On 10.09.2015, the Official Liquidator, High Court, Madras, has sealed the registered office with all its records, and that the factory was also sealed on 11.09.2015.
9. Based on the decision of the Hon'ble Supreme Court in Anita International and another Vs.Thungabadra Sugar Works Mazdoor Sangh and Others reported in CDJ 2016 SC 527, writ petitioner has contended that action of the bank in bringing the property for sale through recovery forums, without impleading the Official Liquidator, High Court, Madras, is not valid.
10. Writ petitioner has further contended that when the matter stood thus, Indian Overseas Bank, Coimbatore Main Branch, Coimbatore, the 2nd respondent has approached the District Collector, Coimbatore, to take possession of the residential building, and notice dated 22.12.2016 of the District Collector has been served calling upon the writ petitioner to appear on 02.01.2017. According to the petitioner, factum of the order of the High Court in C.P.No.385 of 2014 dated 04.09.2015, to take over the assets of the company was brought to the notice of the District Collector. Despite the same, the bank is insisting for an order under Section 14 of the SARFAESI Act, 2002. In the abovesaid circumstances, contending inter alia that the writ petitioner is left with no other efficacious remedy, mandamus, as stated supra, is sought for.
11. We have heard Mr.Silambannan, learned senior counsel for the petitioner and perused the materials available on record.
12. Admittedly, M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore, has availed financial assistance from State Bank of India, Stress Asset Management Branch, Coimbatore and Indian Overseas Bank, Coimbatore. State Bank of India, Stress Asset Management Branch, Coimbatore, has filed O.A.No.367 of 2014 before the Debts Recovery Tribunal, Coimbatore and sought for the following prayers:
" a) To pass an order directing the defendants No.2 to 6 jointly and severally to pay to the Applicant Bank a sum of Rs.6,25,80,508.40p together with interest thereon at the rate of 14.50% per annum with monthly rests under the Cash Credit Account No.30063718027 from the date of this Application till the date of payment in full, on or before a date to be specified and to draw a Recovery Certificate for the same.
b) On failure to pay as aforesaid amount, to order sale of the moveable and immoveable properties mentioned in the schedule "A and B" belonging to the 1st Defendant Company hereunder and to pay the sale proceeds to the Applicant Bank and 7th Defendant for proportionate distribution on pari-passue basis and to draw a certificate.
c) On failure to pay as aforesaid amount, to order sale of the immovable properties mentioned in the schedule "C" belonging to the 1st, 5th Defendant Company hereunder and the Sale proceeds may be adjusted to the satisfaction of the 7th defendant and after satisfying the 7th defendant the remaining sales proceeds may be apportioned to the satisfaction of the outstanding due amount of the Applicant Bank and to permit the Applicant Bank to proceed against the Defendants, for deficiency, if any.
d) To issue a Recovery Certificate against all the defendants for the amount ordered and to be paid with pendent lite and further interest with monthly rests together with further expenses and costs thereon.
e) To order Execution of the Said certificate under Section 25 of the Recovery of Debts Due to the Bank and Financial Institution Act, 1993.
f) To issue directions for inquiry, investigations, examination attachment and realization of the assets and properties of the Defendants.
g) To order the defendants 2 and 3 to declare on affidavit the other particulars of his immovable / movables properties and file the same before the Hon'ble Tribunal.
h) To order costs jointly and severally to be paid to the Applicant Bank by the Defendants.
i) To grant to the Applicant Bank such further reliefs which this Hon'ble Tribunal may deem fit and proper in the interest of justice of this case and in the interest of the Applicant."
13. In O.A.No.367 of 2014 on the file of Debts Recovery Tribunal, Coimbatore, State Bank of India, Stress Asset Management Branch, Coimbatore has given the schedule of properties hypothecated for availing loan assistance and is extracted hereunder.
SCHEDULE 'A'
(Hypothecation of Movable Properties of Defendant No.1, Company under pari-passu basis with SBI and IOB) Hypothecated properties, Current Assets including stocks, book debts, receivables, consumable stores and spares and plant & Machinery, etc.
SCHEDULE 'B'
(Equitable Mortgage of Immovable properties on Pari Passu basis between IOB and SBI) Property No.1: Release Deed No.7998/2012 dated 14.09.2012 and 19/2013, dated 03.01.2013, in favour of V.Ranjith Chandar.
In the registration district of Kanyakumari, in the sub registration distric of Thovalai, in Thovalai Taluk, in Aralvaimozhi Village, GS No.577/11 (Old Survey No.102) in this, an extent of 60 cents, bounded on the North by E Veeramani Nadar land, East by GS No.577/11 part, Sourt by G.S.No.577/12 and West by Odai, within the above boundaries 60 cents of land with Mamool cart tract and a windmill installed thereon.
Property No.II: Lease Deed No.1490/2001 dated 30.08.2011 in favour of M/s.Hitech Trades and Consultants Pvt Ltd.
In the registration district of Tirunelveli, in the sub registration district o Panakudi, in Radhapuram Taluk, in Perungudi Village, GS No.1170/3 in this, Southern 60 cents out of total extent of 1.14 acres along with the right of way in the 22 feet wide pathway running North South (on the western end) in the Northern portion of the total extent, bounded on the East by property in S.No.1183, South by property in S.No.1169, West by property in S.No.1171 and North by Northern portion (of S.No.1170/3) in the enjoyment of Ganesan - within the above boundaries 60 cents of land together with one Vestas make 225 KW windmill installed thereon (leasehold property).
SCHEDULE 'C'
(Equitable Mortgage of Immovable properties in the name of company First charge with IOB and second charge with SBI) Property mortgaged by M/s.Hitech Mineral Industries Covai Pvt. Ltd.
Property No.1: Document No.566/2004 dated 30.09.2003 All part and parcel of land and factory building at G.S.No.40/2B, 40/3B, 40/2D, 41/1A, 41/1B, 41/1C, 41/2A, 41/2B, 41/2C, 41/2D, 41/2E, 44/1, 171/1A, 197/2, 197/3, 197/4 and 198 of an extent of 22.90 acres situated at Chellapillaikuttai village, Omalur Talu, Salem District and in G.S.No.46, 48/1, 48/2, 49/1, 49/2, 49/3, 50/1, 50/2, 51/1 and 51/3 of an extent of 23.12 acres situated at Kottagoundampatti Village, Omalur Taluk, Salem District and the total extent of 46.02 acres.
Property No.2: Document Nos.1670 and 1671/2004 dated 26.03.2004 In the registration district of Coimbatore, in the sub registration district of Palladam, in Tiruppur Taluk, in Kethanur Village having Vestas make 225 kw wind mill in Item 1(a), G.S.No.179/2, punai 4.50, in this 4 acres 26 3/4 cents owned by M.Kandasamy. In this, in the eastern portion north sought.
East of - 2.28 acres in western portion purchased by G.R.Hospital. West of - 97 cents in G.S.No.179/2, retained by M.Kandasamy South of - East to west road North of - 80 3/4 cents purchased by Hitech Mineral Industries Covai P Ltd in G.S.No.179/2 (item 1(b)).
Within the above boundaries 21 cents.
Item 1(b), in 4 acres 263/4 cents in G.S.No.179/2 referred above, in the southern portion, east west, East of - G.S.No.179/1 West of - 97 cents in G.S.No.179/2, retained by M.Kandasamy North of - 4.97 acres in G.S.No.184/2, purchased by Hitech Mineral Industries Covai Pvt. Ltd., South of - Land purchased by G.R.Hospital and 21 cents purchased by Hi Tech Mineral Industries Coval P Ltd., within the above boundaries 80 3/4 cents Total extent 1 acre and 1 3/4 cents.
With right to use the cart tract in G.S.No.179/2 and 184/2 to reach the north south road.
Item No.2: In the above kethanur Panchayat, Kethanur Village G.S.No.184/2, punjai 6.00 acres, in this East of - G.S.No.184/1 West of - 1.03 acres in G.S.No.184/2 retained by M.Kandasamy and G.S.No.185 North of - G.S.No.185 South of - 80 3/4 cents purchased by Hi Tech Mineral Industries P Ltd in G.S.No.179/2 (item 1(b)) Within the above boundaries 4.97 acres, with right to use the cart track in G.S.179/2 and 184/2 to reach the north south road, together with 2 wind mills in the above lands having W.F. S.C.Nos.33 and 196 in the land in S.No.184/2."
14. Indian Overseas Bank, Coimbatore Main Branch, Coimbatore, has filed O.A.No.79 of 2016, before the Debts Recovery Tribunal, Coimbatore, for the following reliefs.
"1. Directing the defendants 1 to 7 to repay the sum of Rs.269,97,31,401/- which is due as on 8.1.2016, jointly and severally to the applicant Bank together with future interest @ 15.95% per annum with compounded monthly rests from the date of application till payment. The above loan has been sanctioned for commercial purpose and therefore the defendants are liable to pay the outstanding amount together with interest @ 15.95% per annum together with costs and expenses.
2. Ordering the sale of the hypothecated plant machinery, goods etc., described hereunder in Schedule by public auction and the sale proceeds be applied towards recovery of the certificate amount after deducting the expenses thereof.
3. Ordering the sale of such of those mortgage assets which are available for sale, more fully described hereunder, leaving out such of those assets already sold under SARFAESI proceedings, by public auction, and the sale proceeds be applied towards the recovery of certificate amount after deducting the expenses thereof."
15. Description of properties, subject matter of O.A.No.79 of 2016 are as hereunder.
DESCRIPTION OF PROPERTIES
Schedule - A HYPOTHECATED GOODS/MACHINERY OF THE DEFENDANTS Exclusive first charge on the entire block assets of the company (both existing and future assets.) Plant and Machinery etc.
Paripassu first charge on the entire current assets of the 1st defendant company along with State Bank of India (existing and future assets).
Second Paripassu charge in the entire block assets of the company along with State Bank of India for the working capital limits.
Schedule - B (Description of mortgaged properties in favour of the applicant Bank which are not sold under SARFAESI)
SCHEDULE I
Item No: I
In the Registration District of Salem, in the Sub Refistration District of Omalur, in Omalur Taluk, in Chellapillaikutti Village.
G.S. Nos: 40/2-8, 40/3-B, 40/2-0, 41/1-B, 41/1-C, 44/1, 171/l-A, 197/2, 3,4, and 198
Total Extent of land - 16.63 acres
Item No: II
In Kottagoundampatti Village G.S. Nos: 46, 48/1, 48/2, 49/1, 49/2, 49/3, 50/1, 50/~, 51/1 and 51/3 Total Extent of land - 23.12 acres Total Extents of Item No. I and II - 39.75 acres Together with factory and other buildings thereon and machineries installed therein.
[Description as per DRT Sale Certificate:-
In Salem District, in Omalur Taluk, in CheliapillaiKuttai Village, in S.F. Nos. 40/2B measuring 0.23 acres, S.F. No. 40/3B measuring 0.69 acres, S.F. No. 40/20 measuring 0.73 acres, S.F. No. 41/1A measuring 0.64 acres, S.F. No. 41/1B measuring 0.70 acres, S.F. No. 41/1C measuring 1.33 acres, S.F. No. 41/2A measuring 0.94 acres, S.F. No. 41/2B measuring 0.82 acres, S.F. No. 41/2C measuring 1.25 acres, S.F.No. 41/20 measuring 1.27 acres, S.F. No. 41/2E measuring 1.99 acres, S.F. No. 44/1 measuring 2.00 acres, S.F. No. 171/1A measuring 1.22 acres, S.F. No. 197/23 measuring 2.05 acres, S.F. No. 197/4 measuring 2.48 acres, S.F. No. 198 Full measuring 4.56 acres, In Kottagoundanpatti Village, S.F. Nos. 46,48/1,48/2,49/1,49/2,49/3,50/1,50/2,51/1 and 51/3 measuring 23.12 acres thus totaling to 46.02 acres together with the building, super structures associated with the machineries and Electrical Installation with E.B. Connected load of 500 KVA; S.c. No. 128 and consisting of in the aforesaid lands.
Item. No.1:
SI. Village No 1. Kottagoundenpatty TOTAL EXTENT IN KOTTAGOUNDEN PATTY VILLAGE IS 23.12 ACRES WITH RIGHT OVER THE MAMOOL CART TRACKS, COMMON PATH WAY AND ALL OTHER APPURTENANCES.
BOUNDARIES ARE MENTIONED IN THE ABOVE DOUMENTS.
THE PROPERTY WITHIN THE LIMITS OF KOTTAGOUNDENPATTY VILLAGE, OMALUR TALUK, SALEM DISTRICT.
Item. No.2:
SI. Village S.F.No. Doc. Date of Extent S.F.NO
OVERTHE MAMOOLCARTTRACKS,COMMON PATHWAY AND ALL OTHER APPURTENANCES. BOUNDARIESARE MENTIONED IN THE ABOVE DOUMENTS.
THE PROPERTYWITHIN THE LIMITS OF CHELLAPILLAIKUTTAI VILLAGE, OMALUR TALUK, SALEMDISTRICT.
TOTAL EXTENT IN KOTTAGOUNDEN PA1TY VILLAGE AND CHELLAPILLAIKUTTAIVILLAGE IS 46.02 ACRES].
SCHEDULE - II Belonging to Hi-Tech Mineral Industries Covai P. Ltd In the registration district of Coimbatore, in the sub registration district of Palladam, in Tiruppur Taluk, in Kethanur Village,
Item 1(a)
G.S. No. 179/2 punja 4.50, in this 4 ac. 26 % cents owned by M. Kandasamy, in this, in the eastern portion north south, East of 2.28 acres in western portion purchased by G.R.Hospital West of 97 cents in G.S.No. 179/2 retained by M. Kandasamy South of east to west road North of 80 % cents purchased by Hi-tech Mineral Industries Covai Private Ltd In G.S.No. 179/2 item l(b) Within the above boundaries 21 cents
Item 1 (b)
In 4 ac. 26 % cents in G.S.No.179/2 referred above, in the southern portion, east west, East of G.S. No. 179/1 West of 97 cents in G.S. No. 179/2 retained by M. Kandasamy North of 4.97 acres in G.S.No. 184/2 purchased by Hi-tech Minerals Industries Covai P Ltd.
South of land purchased by G.R.Hospital and 21 cents purchased by Hi- Tech Mineral Industries Covai P Ltd.
Within the above boundaries 80 % cents Total extent 1 acre and 1 % cents.
With right to use the cart track in G.S. No. 179/2 and 184/2 to reach the' north south road.
Item. No.2 In the above KethanurViliage, G.S. No. 184/2 punja 6.00 acres, in this, East of G.S. No. 184/1 West of 1.03 acres in G.S. No. 184/2 retained by M. Kandasamy and G.5.No. 185 North of G.S.No. 185 South of 80 % 'cents purchased by I-iItech Minerals Industries Pvt.
Ltd.in G.S. No. 179/2 (Item 1 (b) Within the above boundaries 4.97 acres, with right to use the cart track in G.S. No. 179/2 and 184/2 to reach the north south road, Together with 2 wind mills in the above lands havlnq W.F. S.c. nos.33 and 196 in the land in G.5. No. 184/2.
The lands are in Kethanur Panchayat.
SCHEDULE - III DESCRIPTION OF PROPERTY Belonging to P.Venkittapathy Now belongs to Ranjith Chander In the Registration district of Coirnbatore, in the Sub registration district of Singanallur, in Coimbatore taluk, in Upplipalayam Village.
Item-I(a) In G.S.No,536 South of land in G.S.No.560/2A North of east west vaikal in G.5.No.535. East of well, common area in G.S.No.537 West of land sold by R.Venugopal and his son (item 1 (b) and land sold by Mrs.Anandhi Prabha (item 1 (c) in G.S.No.536 Within the above boundaries punja Acre 0.95 cents Item 1 (b) In G.S.No,536 South of the land of Srinivasan's share North of the land sold by Mrs.Anandhi Prabha (item 1 (c) East of land sold by U.N.Rajagopal (item 1 (a) in G.S.No.536 West of Road - G.S.No.536/2.A.
Within the above boundaries punja Acres 0.50 cents Item 1 (c) In G.S.No.536 South of land sold by R.Venugopal and son (item 1 (b) in G.5.No.S36 North of Vaikal in G.S.No.S35 East of land sold by U.R.Rajagopal in G.S.No.S36 (item 1 (a) West of Road - G.5.No.536/2-A.
Within the above boundaries punja Acres 0.50 cents Total extent 1 acres 9.5 cents, now in G.S.No.536/1 together with common 1/4 share in the wall and surrounding extent of 11 cents in G.S.No.560/2A and the common rights of way, enjoyment as per partition deed registered as document No.143771988.
The lands are now in G.5.No.536/1 The land are in Coimbatore Municipal C( .rporation Limits.
Item 2 in this In the above Uppilipalayam Village, in G.S.No.S36, punja 4 ac 33 cents, North and East of lands of Rajagopal etc. West of road in G.S.No.536/2A South of land in natham poramboke.
Within the above boundaries land measuring 10 cents together with right to take carts and vehicles in the north south on east. The land is now in G.S.No.536/1 Item 3 In Uppilipalayam Village, G.S.No.530 and 531/1 total extent 2 acres 01 cents, in this excluding 50 cents on north already sold, remaining, puja one acre 51 cents.
East of Municipal Corporation road and land in G.5.No.531/2 South of 50 cents of land purchased by Ayyasamy and others North of lands in G.S.Nos.528 and 531/2. Within the above boundaries, land measuring 1 acre 51 cents and 1/4 share in common in the well in G.S.No.560/2A in he 3/4 share, and the right to use the land measuring 11 cents around the well and right to use the 20 feet wide cart track from Central Studio to the well in G.S.No.560/2A etc. The land are 86 112 cents in GS No.530 and 64 1/2 cents in GS.No.531/1.
The lands are in Coimbatore Municipal Corporation limits Item 4 In Uppilipalayam Village, GS.No.533/1, Punje 1 acre 38 cents kist Rs.9.50 North of G.S.No.528/2 of R.Ramakrishnan and family and G.S.No.532 East of G.S.No.534 South of G.S.No.535 and Vaikal West of north south Corporation road and G.S.No.537.
Within the above boundaries 1 acre 38 cents and the farnished in northern portion together with electricity service connection and corporation water service connection and all the common right of way and in the well as provided in partition deed 1457/1980.
Door number of farm house 13,A Corporation assessment No.41986 - new 18880 Agricultural elec. service connection No.21 (common wall) Elec. Service connection in farm house No.473 Water SC NO.104728 The property is in Coimbatore Corporation Limits.
SCHEDULE - IV Description of Property Property Belongs to Ranjith Chander Registration District : Coimbatore Sub-Registration District : Peelamedu Taluk : Coimbatore Village : Krishnarayapuram S.F. No 263 T.S. No : 10/1043 Ward 20 Extent : 3049 Sq.ft or 7 cents
Boundaries:
North of : House belonging to Sundaram East of : House belonging to Ranganayaki South of : House belonging to Chinnammal West of : Kattoor Main road Measuring East-West on the North : 67 ft East-West on the South : 67 ft North-South on the East : 45.5 ft North-South on the West : 45.5 ft Admeasuring 3049 Sq.ft or 7 cents together with the Ground Plus three stories building constructed thereon with door, windows, electrical connection, water connection, related deposits with the Govt. departments and all other appurtenances thereof.
The Postal address of the property is Door. No. 96 to 102, Kattoor street, Pappanaicken Palayam, Coimbatore - 641 037 The property (old) was assessed to Property tax in Nos.69337,69338& 69340. The new construction made on the land is yet to be assessed.
The Property is serviced by Electricity connection in Nos. 1893, 1897, 1898, 1899, 1900, 1901, 1903 & 1904.
The Property is serviced by Corporation Wate:- Connection IN Nos. 72599, 72600 & 72601.
Property is situated within Coimbatore Corporation Limit.
SCHEDULE -V Description of Property Property Belongs to Smt. Kamalam All that piece and parcel of the Site bearing No.192 in "G.V.RESIDENCY" of the PSG Co.operative House Building Society Limited NO.CBE/HSG/13 in Uppilipalayam Village, Coimbatore South Taluk, Coimbatore District, Tamilnadu. The layout plan ~"'as approved by the Director of Town and Country Planning, Madras in his Order LP/DTP/No.102/89 dated 6.2.89 originally and later a revised approval was given vide Order LP/ DTP/No.760/92-24474/92 LA2 dated 3.7.92.
SURVEY SCHEDULE
(a) Site No.192 Extent: 3862 Sft. (8 Cents 377 Sft) (8.866 Cents) Bounded on North by Site NO.193 East by Site No.189, 190, 191 South by 50 Feet Road West by 40 Feet Road
(b) The measurements of the Site No.192 in S.F.No.138 are as follows In Northern side 60 Feet In Eastern side 95 Feet In Southern side 94 Feet In Western side 23 Feet 6 Inches Splay ----
(c) By locality, the Site NO.192 is in Circular Avenue.
First Cross Layout LP/DTP/No.102/89, dated 6.2.89 in S.F.Nos.109, 110, 111, 112, 113, 115, 116, 117,118,122,123,124,138,139,140, 141,147/Part, 148/Part, 149,.150, 151, 152, 153/Part. Village No.55, Uppilipalayam of Colrnbatore South Taluk, Coimbatore Corporation, Coimbatore District.
SCHEDULE - VI In Coimbatore Registration District, Thondamuthur Sub Registration District, Coimbatore South Taluk, Mathuvaravapurarn Village as per follows:
Item No.1 (Par.Doc.1276/1998, 2054/2003) S.F.No.654j1 Punja Acres 4.53
Boundaries
East of S.F.No.652/5.652/1B Land South and West of S.F.No.655/1A Item No.3 property North of East-West common cart track In the middle and extent of Punja Acres 4.53 of land and one Villai Sali EB NO.309 with deposit amount and 13 coconut trees. To approach the above lands roads have been provided in S.F.No.487, 497, 498, 500 and 655/1 along with the East-West roads provide for the patta lands. In S.F.No.655/1 in Maruthathal land North-South Cart track. In S.F.No.655/1A in kondasamy Naidu land East-West cart track in all these roads common rights exist.
Item No.2 (Par.Doc. 1279/1998, 2054/2003)
S.F.No.652/1 Punja Acres 0.88112
Boundaries:
East of S.F.No.652/5 Land and South-North road North of S.F.No.6521A,lB and 0.22112 cents Venkatesan East-West road West of S.F.No.654/1 South of S.F.NO.652/1B Enam land board property In the middle and extent of Punja Acres 0.881/2 of land with common rights on the East-West and North-South cart track passing through S.F.No.655/1A. The property in New S.F.No.652/5B.
Item No.3 (Par.Poc.1449/1998) S.F.No.655/1A Punja Acres 5.33
Boundaries:
West of Saroja, Arjunan and others land and South- North Road to Noiyal river East of S.F.No.653/1B 1.00 Acres of Item NO.7 property and S.F.No.654/1 4.53 Acres of Item No.1 property North of S.F.No.655/1A 1.90 Acres in Somnath and Radha Somnath Item NO.5 property South of Noiyal river, Maranna Gounder and Arjunan and others land. S.F.No.6~5/2 0.70 Cents land In the middle and extent of Punja Acres 5.33 of land with usual rights on the East-West Cart Track in S.f.No. 655/1A.North-South cart track passing through Maruthathal land and in S.F.No.655/1A on the Southern side East-West cart track.
Item No 4 (Par. Doc. 1449/1998) S.F.No. 655/2 Nanja Acres 0.70
Boundaries:
West of Saroja 0.36 Cents land in S.F.No.655/2 East of S.F.No.655/1A Yours sold property North of S.F.No.655/1A land and East-West canal South of S.F.No.655/1A MC'rannaGounder and Arjunan And others land In the middle and extent of Nanja Acres 0.70 of land and 9 coconut trees.
Item No 5 (Par. Doc. 1278/1998) S.F.No. 655/1A Punja Acres 1.90
Boundaries:
East of Item No.6 land South of S.F.No.655/1A 5.33 Acres Item No.3 property North of Mamool East-West Cart Track West of South-North road to Noiyal river In the middle and extent of Punja acres 1.90 of land with usual path way rights.
Item No 6 (Par. Doc. 2399/2004) S.F.No. 655/1A Punja Acres 1.90
Boundaries:
East of Item NO.3 land in S.F.No.655/1A South of S.F. No.655/1A 5.33 Acres item No.3 property North of Mamool East-West:cart track West of You sold s.F.No.655/1A Item NO.5 property In the middle and extent of Punja acres 1.90 of land with usual pathway rights.
Item No 7 (Par. Doc. 1688/1997) S.F.No. 653/1 Punja Acres 1.00 Present Sub Division S.F.No.653/1B3
Boundaries:
North of S.F.No.653/2 Raja vaikal South of S.F.No.660 Noiyal river East of S.F.No.653/1 Anusuva sold property West of You sold S.F.No.655/1A Item NO.3 5.33 Acres Property In the middle and extent of Punja acres LOU of land with usual pathway rights.
Totally all items is 16.24112 Acres of land.
The property is situated in Mathuvarayapuram Village Panchayat.
SCHEDULE - VII Description of Property Property Belonging to Yuktha Wind Farm Private limited Property- 1
Item. No. 1-A
In Tirupur Registration District, Negamum SuI),Registration District, in Palladam Taluk, in Sultanpet Panchayat Sultanpet Union Limits, in Poorandampalayam Village, in S.F. 6 B an extent of Punja acres 9.31 Tharam Rs. 10.50 in this the landed property situatec\ within the following boundaries:
North of the landed property situated in S.F. No. 7/6C1, West of the landed property retained by kuppusamy konar and others East of the landed property situated in S.F. NO.5 South of the landed property situated in S.F. Nos. 6/1-12and AS.
In this the landed property of an extent of Punja Acre 7.00 acres with right over the mamool cart track.
Item. No. 1-B Further in Poorandampalayam Village, In S.F. No. 6B, an extent of 9.31 acres situated within the following boundaries.
North of the landed property situated in S.F. No. 6/C1, South of the landed property situated in S.F. No. 6/AS, West of the Varappati Village limits East of the landed property situated in S.F. Nos. 6B.
In this the area admeasuring 2.31 acres with right over the mamool cart track.
And further in Poorandampalayam Village, In S.F. No. 6/C1, an extent of 2.60 acres, in this an extent of 1.30 acres situated within the following boundaries:
North of the landed property retained by Kuppusamy konar and others East and South of the landed properties situated in S.F. Nos. 6B West of the Varappati Village limits and In this, the area admeasuring 1.30 acres.
Both totaling 3.61 acres with right over the mamool cart track for ingress and egress.
Item. No. 1-C Further Poorandampalayam Village, In S.F. No. 6A, an extent of 6.19 acres in this the land property with the right over the mamool cart track for ingress and egress.
The property is now situated in S.F. Nos. 6/A1, 6/A2, 6/A3, 6/A4 and 6/AS.
TOTAL EXTENT IN POORANDAMPALAYAM VILLAGE IS 16.80 ACRES.
Property- 2 Item. No.2:
In the Tirupur Registration District, Palladarn Sub Registration District, Palladam Taluk in Sultanpet Union Limits, in Varapatti Village, in S.F. 748/2, an extent of 6.10 acres, in this East west Direction on the Southern side the landed property situated within the following boundaries:
South of the landed property belonging to Karuppa gounder North of the landed property situated in S.F. Nos. 750,747,746 East of the landed property in S.F. No. 749 West of the landed property situated in S.F. No. 745 In this the area admeasuring 3.05 acres Further, in S.F. No. 749 an extent of 5.05 acres, in this on the eastern side on the North South direction the landed property situated within the following boundaries:
East of the landed property belonging to Ponnae gounder and others, West of the landed property situated in S.F. Nos 748 South of the landed property in S.F. Nos 639 and 649 and North of the landed property situated in S.F. No. 750 In this the area admeasuring 2.52 acres.
Further in S.F. No. 750/1, an extent of 3.85 acres in this North direction on the eastern side in this within the following boundaries:
East of the landed property belonging to Ponnae gounder and others, West of the landed property situated in S.F. Nos. 747 South of the landed property in S.F. Nos. 749 and 748 and North of the landed property situated in S.F. No. 750/2 In this the area admeasuring 2.12 acres.
Item. No.3 Further Varapatti Village, In S.F. No. 648/2, an extent of 3.40 acres. In S.F. No. 647/2, an extent of 3.36 acres.
Item. No.4 Further Varapatti Village, In S.F. No. 646/2D, an extent of 1.31 acres with right over the Mamool Cart Track.
Item. No.5 Further Varapatti Village, In S.F. No. 647/1, an extent of 3.61 acres. In S.F. No. 648/1, an extent of 3.52 acres.
Item. No.6
Further Varapatti Village, In S.F. No. 646/2E, an extent of 2.05 acres with all right over the mamool cart track for ingress and egress.
Item. No.7 Further Varapatti Village, In S.F. No. 747, an extent of 4.12 acres In S.F. No. 750/2, an extent of 3.35 acres with all right over the mamool cart track for ingress and egress.
Item. No.8 Further Varapatti Village, Further in S.F. No. 748/2, an extent of 6.10 acres in this landed property within the following boundaries:
West of the landed property with an extent of 1.45 acres North of the landed property belonged to Nacharnmal East of the landed property in S.F. Nos. 749 and South of the landed property situated in S.F. No. 748/1 to Nachimuthu Gounder In this the area admeasuring 1.45 acres.
And further in the above said S.F Nos. 748/2 on the eastern side on the North South direction the cart track of an extent of 0.10 acres situated within the following boundaries.
East of the landed property of an extent of 1.45 acres belonging to Karuppa gounder, South of the landed property situated in S.F. Nos. 748/1 West of the landed property in S.F. Nos. 745/1 North of the landed property belonging to Nachammal In this the area admeasuring 0.10 acres in this common share 0.05 acres Further, in S.F. No. 750/1, an extent of 3.85 acres, the landed property situated within the following boundaries:
West of the landed property belonging to Nacharnmal on the North South direction on the western side North of the landed property situated in S.F. Nos 750/2 East of the poorandampalayam village limits ann the landed property in S.F. Nos. 751/2 In this the area admeasuring 1.61 '12 acres.
Further, in S.F. No. 749, an extent of 5.05 acres, the landed property situated within the following boundaries:
South of the landed property of an extent of 2.14 acres belonging to Karuppa Gounder on the East West dtrectton, West of the landed property belonging to Nachammal, North of the land of an extent of 1.61 '12 acres in S.F No. 750/1 and East of the Poorandampalayam village limits In this the area adrneasurinq 0.52 '12 acres.
Item. No.9 Further in Varapatti Village, in S.F. No. 748/2 an extent of 6.10 acres situated within the following boundaries:
East of the landed property belonging to Coimbatore Pioneer Mills Ltd., South of the landed property of Nachammal Gounder situated in S.F.No. 748/1 West of the landed property in S.F.No. 748/2 North of the landed property belonging to Nachammal In this the area admeasuring 1.45 acres.
Further, in S.F. No. 748/2 on the Eastern side, on the North south direction the cart track of an extent of 0.10 acres situated within the following boundaries:
East of the landed property of an extent of 1.45 acres belonging to Karuppa -Gounder South of the landed property situated in S.F.No. 748/1 West of the landed property situated in S.F.No. 745/1 North of the landed property belonging to Nachammal In this the area admeasuring 0.10 acres in this common share 0.05 acres.
Further, in S.F. No. 749, an extent of 5.05 acres situated within the following boundaries:
North of the landed property belonging to the company, East of Poorandampalayam village limits South of East West Itteri and West of the landed property belonging to Nachammal In this the area admeasuring 2.14 acres.
Item. No. 10 Further, in Varappati Village, In S.F. No. 621/1, an extent of 0.76 acres In S.F. No. 631/3B, an extent of 1.46 acres In S.F. No. 621/1B, an extent of 1.98 acres In S.F. No. 621/3A, an extent of 1.95 acres And all totaling 6.15 acres with right over the mamool cart track for ingress and egress.
Item. No. 11 Further in Varappati Village, in S.F. No. 647/4, an extent of 3.30 acres with all right over the mamool cart track.
Item. No. 12 Further in S.F. No. 647/3, an extent of 2.87 acres, In S.F. No. 648/3, an extent of 2.82 acres, Item. No. 13 In S.F. No. 748/1, an extent of 6.33 acres with all right over the mamool cart track.
Item. No. 14 In Tirupur Registration District, Palladam Sub Registration District, Palladam Taluk in the limits of Sultanpet Panchayat Union and within the limits of Varapatti Panchayat situated in Varapatti Village.
In S.F. No. 620/1, an extent of 3.13 acres with all right over the mamool cart track for ingress and egress.
THE TOTAL EXTENT SITUATED IN VARAPATTI AND PORANDAM VILLAGE
IS 81.09 ACRES of land together with all appurtenances thereto with all rights was the property for ingress and egress. Vestas make 225 KVV Wind Mill 7 No's which are embedded to earth. The Properties include all improvements already made and to be made from time to time. The properties are situated within the limits in Palladam Taluk.
SCHEDULE - VIII Description of Property In Coimbatore Registration District, in Singanallur Sub-registration District, in Coimbatore Taluk, in Uppilipalayam Village, in S.F. No's 155,170 part, 171 part, 178 and 179, in this stl! layout formed by Ramanathapuram Co-operative House Building Society Limited and approved by the Deputy Director of Town Planning in R.C. No. 2204/87/4 dated 20.06.1987 and LP/R (CPN) No. 227/87 and by Coimbatore City Municipal Corporation in RC. No.
East West on the North 70 feet East West on the South 65 feet North South on the East 155 feet North South on the West 160 feet Thus measuring an extent of 11187 sq.ftor 25 cents' 297 sq.ft of site together with building thereon together with Electricity Service Connections, its security deposits, Water Service Connection, its security deposits and together with right to use the common roads and all other appurtenances thereto.
The Property bears Door. No.4, Co-operative Colony, Singanallur. Property Tax, Assessment No. 6445415, Electricity Service Connection No's. 048-005-624 & 048-005-618, Water Service Connection No. 6440684 The Property is situated within the limits of Coimbatore City Municipal Corporation.
Item.1:
SCHEDULE - IX Description of Property In Coimbatore Registration District, in .Gandhipuram Subregistration District, in Coimbatore Taluk, in Kalapatti Village, in S.F. No.314/2, in this a layout formed known as "Green Park Avenue" and approved by the Director of Town and country planning, Madras vide Ref.No. LPDM/DTP 948/94, in this Site No. 178,179 and 180 situated within the following boundaries.
On the North by 30 feet wide East-West road On the South by Site No. 177 On the East by 30 feet wide North-South road On the West by Site No. 165,164 & 163 Admeasuring East West on the North 51 feet East West on the South 56 feet North South on the East 100 feet North South on the West 105 feet North East corner splay 7 feet Thus measuring an extent of 5868 sq.ft or 13 cents 206 sq.ft of vacant site and all common rights in the layout roads and reserve sites.
The property is situated in Kalapatti Town Panchayat Limits.
Item.2:
In Tirupur Registration District, in Anaimalai Sub-registration District, in Pollachi Taluk, in Vettaikaranpudur Village, in S.F. No. 953/3A3, measuring an extent of 10.81 acres of land situated within the following boundaries.
North - Lands in S.F.No's. 952/1A and 952/18 South - Lands in S.F.No. 956 East - Remaining lands owned by V.T. Venkatachalam in S.F.No.
953/3A3 West - Lands in S.F.No. 953/3A2 Within this an extent of 10.81 acres of land together with mamool cart track pathway rights thereon.
The said property is situated within Vettaikaranpudur Village Limits.
Item.3:
In Tirupur Registration District, in Anaimalai Sub-registration District, in Pollachi Taluk, in Vettaikaranpudur Village, in S.F. No. 953/3A3, measuring an extent of 6.00 acres of land situated within the following boundaries.
North - Lands in S.F.No's. 952/1A and 952/1B South - Lands in S.F.No. 956 East - Remaining lands owned by V.T. Venkatachalam in S.F.No.
953/3B West - Lands in S.F.No. 953/3A3 originally belonqed to Venkittapathy Within this an extent of 6.00 acres of land together with well in S.F.No.953/3A3 and 7.5 H.P motor pump set, electricity service connections 92/STF (v) and 537 along with mamool cart track pathway rights and standing trees thereon.
And in S.F. No. 952/1A measuring an extent of 4.69 acres of land situated within the following boundaries.
North - Lands in S.F.No.949/B2 South - Lands in S.F.No.953/3A3 East - Lands in S.F.No.952/1B West - Lands in S.F.No.951B Within this an extent of 4.69 acres of land Thus totaling to an extent of 10.69 acres land together with right to use the common roads and all other appurtenances thereto.
The said property is situated within Vettaikaranpudur Village Limits.
Item.4:
In Tirupur Registration District, in Anaimalai Sub-registration District, in Pollachi Taluk, in Vettaikaranpudur Village, in S.F.No.953/1, measuring an extent of 0.71 acres of land.
And in S.F.No.953/3A2 measuring an extent of 1.25 acres of land situated within the following boundaries.
North - Lands in S.F.No.952 South - Lands in S.F.No.956 East - Lands in S.F.No.953/3 originally owned by Venkittapathy on the west of Sarkarpathy Road West - Lands originally owned by Venkittapathy Within this an extent of 1.25 acres of land And in S.F.No.953/3B measuring an extent of 3.00 acres of land situated within the following boundaries.
North - Lands in S.F.No.952/2 South - Lands in S.F.No.956 East - Lands in S.F.No.963 West - Lands in S.F.No.953/3A3 Within this an extent of 3.00 acres of land together with a Well measuring 22x20 together with 10 H.P.Electric Motor Pump set bearing SC.614 And in S.F.No.952/2 mearsuring an extent of 2.38 acres of land situated within the following boundaries.
North - Lands in S.F.No.949/B2 South - Lands in S.F.No.953/3 East - Lands in S.F.No.952 originally owned by Venkittapathy West - Lands originally owned by Venkittapathy Within this an extent of 2.38 acres of land together with a Well and its 10 H.P.Electric Motor Pump set bearing SC.No.660 Thus totalling to an extent of 7.21 acres land together with the right to use the mamool pathway, art track, standing trees thereon.
The said property is situated within Vettaikaranpudur Village Limits.
Item.5:
In Tirupur Registration District, in Anaimalai Sub-registration District, in Pollachi Taluk, in No. 85, vettatkiranpudur Village, in S.F. No. 989/1A, measuring 9.67 acres of land, in this an extent of 1.00 acres of land situated within the following boundaries:-
North of - Remaining lands in S.F.No. 989/1A belonging to V.T. Venkatachalam South of - Annamalai Poramboke Pallam in S.F.No. 980 East of - Annarnalal Poramboke Pallam in S.F.No. 980 West of - North-South Road in S.F.No. 990 Within this an extent of 1.00 acres land together with the right to use the mamool pathway, cart track, standing trees thereon.
Item.6:
In Tirupur Registration District, in Anaimalai Sub-registration District, in Pollachi Taluk, in Vettaikaranpudur Village,on the western portion of Sethumadai P.A.P Vaikkal (S.F. Nos. 955/2 & 958/A2), in S.F. No. 958/A1 measuring an extent of 5.18 acres of land, in this on the Northern portion measuring an extent of 1.72 acres of land situated within the following boundaries.
North of Lands in S.F.No. 958/A1 originally belonged to Venkittapathy South of Lands in S.F.No. 955/1 belonging to V.A. Palanisamy Gounder East of Lands in S.F.No. 959/2 mentioned herein below West of P.A.P. main Vaikkal in S.F.No. 958/A2 Within this an extent of 1.72 acres of land And in S.F.No. 959/2 measuring an extent of 12.09 (Jeres of land, in this on the Eastern portion measuring an extent of 0.25 acres of land situated within the following boundaries North of Lands in S.F.No. 960 belonging to Leelavathi South of Lands in S.F.No. 955/1 telonging to V.A. Palnisamy Gounder East of Lands in S.F.No. 959/2 originally belonged to Venkittapathy West of Lands in S.F.No. 958/A1 originally belonged to Venkittapathy And in S.F.No. 959/1 measuring an extent of 3.00 acres of land situated within the following boundaries North of Lands in S.F.No. 959/2 originally belonged to Venkittapathy South of Lands in S.F.No. 955/1 belonging to V.A. Palnisamy Gounder East of Reserve Forest West of Lands in S.F.No. 959/3 originally belonged to Venkittapathy Within this an extent of 3.00 acres of land Thus in all totally measuring an extent of 4.97 acres land together with the right to use the mamool pathway, cart track etc., The said property is situated within Vettaikaranpudur Village Limits.
Item.7:
In Tirupur Registration District, ir Anaimalai Sub-registration District, in Poliachi Taluk, in Vettaikaranpudur Village,on the western portion of Sethumadai P.A.P Vaikkal (S.F. Nos. 955/2 & 958/A2), in S.F. No. 958/Al measuring an extent of 5.18 acres of land, in this an extent of 3.46 acres of land situated within the following boundaries.
North of Lands in S.F.No. 958/B1 South of Lands in S.F.No. 958/Al originally belonged to Venkittapathy East of Lands in S.F.No. 959/2 originally belonged to Venkittapathy West of P.A.P. main Vaikkal in S.F.No. 951J/A2 Within this an extent of 3.46 acres of land And in S.F.No. 959/2 measuring an extent of 12.09 acres of land, in this an extent of 10.74 acres of land situated within the following boundaries North of Lands in S.F.No. 960 belonging to Leelavathi South of Lands in S.F.No. 955/1 belonging to V.A. Palanisamy Gounder lands in S.F.No. 959/1 and 959/3 originally belonged to Venkittapathy , East of Reserve Forest West of Lands in S.F.No. 959/2 originally belonged to Venkittapathy Within this an extent of 10.74 acres of land Thus totally measuring an extent of 14.20 acres land together with the right to use the mamool pathway, cart track etc., The said property is situated within Vettaikaranpudur Village Limits. '
Item.8:
In Tirupur Registration District, in Anaimalai Sub-registration District, in Pollachi Taluk, in Vettaikaranpudur Village,on the western portion of Sethumadai P.A.P Vaikkal (S.F. Nos. 955/2 & 958/A2), in S.F. No. 955/1 measuring an extent of 11.14 acres of land, in this on the Eastern portion measuring an extent of 0.65 acres of land situated within the following boundaries.
North of Lands in S.F.No. 958/A1 originally belonged to Venkittapathy South of Lands in S.F.No. 953/1 originally belonged to Venkittapathy East of Remaining Lands in S.F.No. 955/1 belonging to V.A. PalanisamyGounder West of P.A.P. main Vaikkal in S.F.No.955/2.
Within this an extent of 0.65 acres of land together with the right to use the mamool pathway, cart track etc., The said property is situated within Vettaikaranpudur Village Limits.
Item.9:
In Tirupur Registration District, in Anaimalai Sub-registration District, in Pollachi Taluk, in Vettaikaranpudur Village,on the western portion of Sethumadai P.A.P Vaikkal (S.F. Nos. 955/2 & 958/A2), in S.F. No. 959/3 measurlnq an extent of 1.00 acres of land situated within the following boundaries.
North of Lands in S.F.No. 959/2 originally belonged to Venkittapathy South of Lands in S.F.No. 955/1 belonging to V.A. Palanisamy Gounder East of Lands in S.F.No. 959/1 originally belonged to Venkittapathy West of Lands in S.F.No. 959/2 originally belonged to Venkittapathy Within this an extent of 1.00 acre of land together with the right to use the mamool pathway, cart track etc., The said property is situated within Vettaikaranpudur Village Limits.
(Properties sold under SARFAESI ACT} SCHEDULE - x
Description of Property Property belonged to Venkittapathy
In the registration district of Kanyakumari, in the sub registration district of Thovalai, in Thovalai Taluk, in Aralvaimozhi Village, GS No. 577/11 (Old Survey No. 102) in this, an extent of 60 cents bounded on the North by E Veeramani Nadar land; East by GS No. 577/11 part; South by GS No. 577/12 and West by Odai - within the above boundaries 60 cents of land with mamocl cart track and a windmill installed thereon.
SCHEDULE - XI Description of Property Property belonged to Hi-Tech Trades Consultants Pvt Ltd
In the registration district of Tirunelveli, in the sub registration district of panakudi, in Radhapuram, Taluk, in Perungudi Village, GS No. 1170/3 in this, southern 60 cents out of Total extent of 1.14 acres along with the right of way in the 22 feet wide pathway running north south (on the western end) in the northern portion of the total extent, bounded on the East by property in S. No. 1183; South by property in S. No. 1169; West by property in S. No. 1171 and North by northern portion (of S. No.1170/3) in the enjoyment of Ganesan - within the above boundaries 60 cents of land together with one Vestas make 225 K.Wwindmill installed thereon (leasehold property).
SCHEDULE .- XII
Description of Property House site measuring 4800 Sq.ft. in S.F.Nos.122 and 123 of Site No.181, G.V.Residency, Uppilipalayam Village, Coimbatore owned by Mr.P.Venkitapathy.
SCHEDULE XIII Description of Property A ladies hostel building a 9 cents (4176 sq.ft) of land with 5 floors, to accommodate 110 persons with 3 commercial shops, situated at the entrance of Mis. Krlshnammal College for women on TS No. 468, D. No. 1447, Avinashi road, Coimbatore, standing in the name of Mrs. Kamalam mother director Mr.
P. Venkittapathy"
16. Material on record discloses that Indian Overseas Bank, Coimbatore Main Branch, Coimbatore, 2nd respondent herein, has filed an application under Section 14 of the SARFAESI Act, 2002, seeking assistance, for taking physical possession of the properties mortgaged. District Collector, Coimbatore has issued notice dated 22.12.2016 to Mr.Ranjith Chander, writ petitioner herein and the same is extracted hereunder.
"REGISTERED POST DISTRICT COLLECTORATE OFFICE COIMBATORE - 18.
SUMMONS FOR ENQUIRY Na.Ka.No.19478/2014/U3 dated: 22.12.2016 Sub: SARFAESI Act - Mr.Ranjith Chandar Managing Director of M/s.Hi Tech Minerals Industries Covai Pvt. Ltd., to appear for Enquiry with regard to payment of arrears of Loan taken from M/s.I.O.B. - REg.
Ref: Letter No.3000/2015/A1/dated 28.12.2015 of Thasildar, Coimbatore West.
Representation of Officer of IOB, dated 17.10.2014.
-----
Since Mr.Ranjith Chandar of Hi Tech Mineral Industries Covai Pvt. Ltd., residing at Kattur Road, Coimbatore South Circle, Coimbatore City for reasons of growth of Hi Tech Mineral Industries Covai Pvt. Ltd., has taken a loan from I.O.B., for reasons of Non-repayment of the said loan amounting to Rs.216,63,91,070.59 Creditor (I.O.B) has proceeded against Mr.Ranjith Chandar of M/s.Hi Tech Minerals Industries Covai Pvt. Ltd. The Creditor through his Authorisied Officer I.O.B. to initiate proceedings against the property in possession with Mr.Ranjith Chandar in S.No.150, 1740, 171, 178, Upplipaglayam Village under the SARFAESI Act. As per 2nd reference it is made clear that the property in the Coimbatore Circle Vest with Mr.Ranjith Chandar. It is therefore informed to the Authorised Officer of M/s.I.O.B. & Managing Director of Mr.Ranjith Chandar of M/s.Hi Tech Mineral Industries Covai Pvt. Ltd., to appear before the District Collector on 02.01.2017 at 4.30pm. in person with all necessary documents to enquire into the issue of taking possession of Loan property. It is hereby informed that if there is no representation it will be persumed that you have nothing more to state and further action will be taken accordingly.
Sd/-.
District Collector, District Executive Magistrate, Coimbatore.
To
1) Mr.Ranjith Chandar, Door No.4-1, Co-operative Colony, Uppilipalayam, Coimbatore - 641 015.
2) M/s. Indian Overseas Bank, Authorised Officer, 12/8, Big Bazaar Street, Oppanakaran Street, Coimbatore - 641 001.
17. Responding to the notice dated 22.12.2016, one Mrs.V.Mallika, one of the Directors of M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore, has sent a reply dated 02.01.2017 to the District Collector, Coimbatore, stating that the High Court, Madras has appointed the Official Liquidator and that he had taken over the assets of the company and vide reply letter dated 02.01.2017, she has stated that as per law no recovery proceedings can be taken without the permission of the Official Liquidator. She also contended that she has a residential house and that she should not be evicted and if the factory is sold, it would satisfy the entire dues of Indian Overseas Bank, Coimbatore Main Branch, Coimbatore. She has requested the District Collector, not to permit the bank to take possession of the residential house.
18. Excepting the above, we do not find any materials supporting the contention of the writ petitioner that he had furnished all the details to the District Collector, Coimbatore. There are no materials to indicate that the writ petitioner has appeared before the District Collector and apprised him of the orders passed by this Court. Nevertheless, it is the oral submission of Mr.Silambannan, learned senior counsel for the writ petitioner that Mrs.V.Mallika is none other than the writ petitioner's mother. He further added that the writ petitioner had accompanied her.
19. Be that as it may, what has been directed by this Court in C.P.No.385 of 2014 in A.No.1141 of 2014 dated 23.03.2015 in the matter of A&A International Trading Pvt. Ltd. Vs. M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore, is that the Official Liquidator attached to High Court, Madras has been appointed as the provisional liquidator and that he has been directed to take charge of the assets of respondent company.
Directors of the respondent company have been directed to file statement of affairs before the Official Liquidator within a period of 21 days. Company petitioner has been directed to deposit a sum of Rs.10,000/- towards initial expenses before the official liquidator.
20. Even as per the version of the writ petitioner, Directors of M/s.Hi- Tech Mineral Industries (Covai) Pvt. Ltd., Coimbatore, statement of affairs have not been filed. Therefore the Official Liquidator, High Court Madras has taken out an application before the Company Court. From the reading of the orders of the Company Court, it could be deduced that assets of the Company alone have been directed to be taken charge.
21. Though on the strength of the judgment of the Hon'ble Supreme Court in Anita International and another Vs. Thungabadra Sugar Works Mazdoor Sangh and others reported in CDJ 2016 SC 527, Mr.Silambannan, learned senior counsel submitted that banks, should not be permitted to proceed further and contended that the District Collector, Coimbatore, is not competent to take any appropriate decision and on that score prayed that a mandamus be issued, this Court is not inclined to accept the said contention, for the reason that from the letter dated 02.01.2017 of Mrs.V.Malliga, we are not in a position to deduce that the recent judgment of the Supreme Court stated supra, has been brought to the notice of the District Collector, Coimbatore.
22. Be that as it may, if supportive materials are already produced, the District Collector, enjoined with a duty to pass suitable orders under Section 14 of the SARFAESI Act, 2002, has to consider, as to whether what are all the assets of the company directed to be taken over by the Official Liquidator, High Court, Madras, in C.P.No.385 of 2014 in A.No.1141 of 2014 dated 23.03.2015 and what are all the other properties, mortgaged with Indian Overseas Bank, for which assistance can be given. When the matter is pending before the District Collector, Coimbatore, this Court is not inclined to interfere with the exercise of jurisdiction conferred on him under Section 14 of SARFAESI Act, 2002.
23. For the reasons stated supra, while declining to issue any writ of mandamus, as prayed for, we only direct the District Collector, to take note of the observations made in the foregoing paragraphs of this judgment and pass suitable orders under Section 14 of the SARFAESI Act, 2002.
24. With the above directions, writ petition is disposed of. No costs.
Consequently, the connected Writ Miscellaneous Petitions are closed.
Index: Yes/No. Internet: Yes ars To
1. The District Collector, office of the District Collectorate, Coimbatore - 641018.
2. Indian Overseas Bank, Coimbatore Main Branch, No.1218, Big Bazaar Street, Coimbatore - 641 001.
3. State Bank of India, Stress Asset Management Branch, Avinashi Road, Coimbatore - 641044.
4. The Official Liquidator, High Court, Madras as the Provisional Liquidator of M/s.Hi-Tech Mineral Industries (Covai) Pvt. Ltd.
[S.M.K., J.] [M.G.R., J.] 07.02.2017
S. MANIKUMAR, J.
AND M.GOVINDARAJ, J.
ars W.P.No.2991 of 2017 and W.M.P.No.2870 of 2017
07.02.2017
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