SHEIK MOHAMMED NIZAR Vs. KAMAL GUPTA
LAWS(MAD)-2017-7-102
HIGH COURT OF MADRAS
Decided on
July 06,2017
Sheik Mohammed Nizar
Appellant
VERSUS
Kamal Gupta
Respondents
Referred Judgements :-
DERING V. EARL OF WINCHELSEA [REFERRED TO]CASTELLI V. COOK [REFERRED TO]
ADVOCATE GENERAL,STATE OF BIHAR V. M/S. MADHYA DEATH KHAIR INDUSTRIES [REFERRED TO]
MOODY V. COX [REFERRED TO]
PRECISION FASTENINGS V. STATE BANK OF MYSORE [REFERRED TO]
R V. KENSINGTON INCOME TAX COMMISSIONERS [REFERRED TO]
SARASPATHY SUNDARARAJ V. AUTHORISED OFFICER AND ASSISTANT GENERAL MANAGER,STATE BANK OF INDIA [REFERRED TO]
UNION BANK OF INDIA V. SATYAWATI TONDON [REFERRED TO]
HARI NARAIN VS. BADRI DAS [REFERRED TO]
TILOKCHAND AND MOTICHAND VS. H B MUNSHI [REFERRED TO]
WELCOM HOTEL VS. STATE OF ANDHRA PRADESH [REFERRED TO]
G NARAYANASWAMY REDDY VS. GOVERNMENT OF KARNATAKA [REFERRED TO]
S P CHENGALVARAYA NAIDU VS. JAGANNATH [REFERRED TO]
CHANDRA SHASHI VS. ANIL KUMAR VERMA [REFERRED TO]
BUDDHI KOTA SUBBARAO VS. K PARASARAN [REFERRED TO]
CHETAK CONSTRUCTION LIMITED VS. OM PRAKASH [REFERRED TO]
A V PAPAYYA SASTRY VS. GOVERNMENT OF A P [REFERRED TO]
ARUNIMA BARUAH VS. UNION OF INDIA [REFERRED TO]
PRESTIGE LIGHTS LTD VS. STATE BANK OF INDIA [REFERRED TO]
UDYAMI EVAM KHADI GRAMODYOG WELFARE SANSTHA VS. STATE OF UP [REFERRED TO]
SUNIL PODDAR VS. UNION BANK OF INDIA [REFERRED TO]
K D SHARMA VS. STEEL AUTHORITY OF INDIA LTD [REFERRED TO]
TAMILNAD MERCANTILE BANK SHARE HOLDERS WELFARE ASSOCIATION VS. S C SEKAR [REFERRED TO]
G JAYASHREE VS. BHAGWANDAS S PATEL [REFERRED TO]
DALIP SINGH VS. STATE OF U P [REFERRED TO]
KALYANESHWARI VS. UNION OF INDIA [REFERRED TO]
AMAR SINGH VS. UNION OF INDIA [REFERRED TO]
NARMADA BACHAO ANDOLAN VS. STATE OF MADHYA PRADESH [REFERRED TO]
ABHYUDYA SANSTHA VS. UNION OF INDIA [REFERRED TO]
A. SHANMUGAM VS. ARIYA KSHATRIYA RAJAKULA VAMSATHU MADALAYA NANDHAVANA PARIPALANAI SANGAM REPRESENTED BY ITS PRESIDENT ETC [REFERRED TO]
KISHORE SAMRITE VS. STATE OF U.P [REFERRED TO]
ROXANN SHARMA VS. ARUN SHARMA [REFERRED TO]
JUDGEMENT
S.MANIKUMAR,J. -
(1.)Material on record discloses that, earlier, the guarantor/mortgagor, has filed W.P. No.773 of 2017, challenging a notice dated 17.12.2016 issued under Section 13(2) of the SARFAESI Act, 2002 and the consequential notice issued under Section 13(4) of the Act r/w Rules 8(1) and 9 of the Sarfaesi Rules, 2002, in respect of a property bearing land and building comprised in Survey Nos. 46/2A1A1, 46/2A1A2, 46/2A1A3 and 46/2A1A4 (as per Patta Nos.1700, 1701, 1702, 1703 of No.46, Mathur Village, Ambattur Taluk, Tiruvallur District, situated in 200 ft. inner ring road, Madhavaram, ad measuring a total extent of 204 cents (88740 sq.ft.) with equally undivided share thereto absolutely owned and possessed by the petitioner.
(2.)Adverting to the above challenge and following the decisions in Precision Fastenings v. State Bank of Mysore, reported in 2010(2) LW 86, Union Bank of India v. Satyawati Tondon reported in 2010(5) LW 193 (SC) and Saraspathy Sundararaj v. Authorised Officer and Assistant General Manager, State Bank of India reported in (2010) 5 LW 560, this court dismissed the writ petition. Registry has been directed to return the original possession notice, dated 17.12.2016, issued under Section 13(4) of the SARFAESI Act, 2002, so as to enable the petitioner therein, to approach the forum.
(3.)Thereafter, the petitioner/guarantor has approached the Debts Recovery Tribunal and made submissions inter alia that the guarantor is not liable to pay, till the properties of the borrower are brought for auction, and in the present writ petition, has contended that, without appreciating the grounds of challenge, the Debts Recovery Tribunal, directed the borrower and the guarantor to pay a sum of Rs. 1,00,00,000/- (Rupees one crore only) on or before 20.04.2017. Though the date and number of the SARFAESI Appeal said to have been filed before the Debts Recovery Tribunal are not furnished in the supporting affidavit to the instant Writ Petition No. 11984/2017, Mr. O.S. Karthikeyan, learned counsel for Axis Bank/respondents No. 2 and 3, submitted that, after the dismissal of W.P. No. 773 of 2017 dated 11.01.2017, in the month of January, 2017 S.A. No. 24/2017 has been filed on the file of Debts Recovery Tribunal No.III.
(2.)Adverting to the above challenge and following the decisions in Precision Fastenings v. State Bank of Mysore, reported in 2010(2) LW 86, Union Bank of India v. Satyawati Tondon reported in 2010(5) LW 193 (SC) and Saraspathy Sundararaj v. Authorised Officer and Assistant General Manager, State Bank of India reported in (2010) 5 LW 560, this court dismissed the writ petition. Registry has been directed to return the original possession notice, dated 17.12.2016, issued under Section 13(4) of the SARFAESI Act, 2002, so as to enable the petitioner therein, to approach the forum.
(3.)Thereafter, the petitioner/guarantor has approached the Debts Recovery Tribunal and made submissions inter alia that the guarantor is not liable to pay, till the properties of the borrower are brought for auction, and in the present writ petition, has contended that, without appreciating the grounds of challenge, the Debts Recovery Tribunal, directed the borrower and the guarantor to pay a sum of Rs. 1,00,00,000/- (Rupees one crore only) on or before 20.04.2017. Though the date and number of the SARFAESI Appeal said to have been filed before the Debts Recovery Tribunal are not furnished in the supporting affidavit to the instant Writ Petition No. 11984/2017, Mr. O.S. Karthikeyan, learned counsel for Axis Bank/respondents No. 2 and 3, submitted that, after the dismissal of W.P. No. 773 of 2017 dated 11.01.2017, in the month of January, 2017 S.A. No. 24/2017 has been filed on the file of Debts Recovery Tribunal No.III.
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