HIGH COURT OF ANDHRA PRADESH
K.C. BHANU & ANIS, JJ.
M/s. Deccan Chronicles Holdings Limited & Another
Versus
The Debt Recovery Tribunal & Another
Writ Petition No. 8304 of 2014
Decided on: 05-08-2014~
(B) Injunction-Grant of-While granting interim order or imposing certain conditions, Tribunal has to follow the well established principles. Under Order XXXIX Rule 1 CPC, the Civil Court has got jurisdiction to grant an ex parte interim injunction order when it comes to the conclusion that the plaintiff made out prima facie case, balance of convenience and the irreparable injury, which cannot be compensated in terms of money, if the interim injunction is not granted.
(C) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002-Sections 17 and 18-Sections 17 and 18 of SARFAESI Act cannot go together-They are independent provisions-Section 17 of SARFAESI Act comes into operation only at initial stage, where parties can be permitted to let-in oral or documentary evidence, in case debtor feels that the proceedings initiated under Section 13(4) of the SARFAESI Act are not in accordance with law-In those circumstances, Section 17 of the SARFAESI Act can be invoked by debtor. Section 18 of SARFAESI Act deals with a different situation, where any order passed by the Debts Recovery Tribunal is appealable before the appellate authority. So, both the provisions are two independent provisions and they cannot be read together. Simply because the condition to pre-deposit certain amount under Section 17 of the SARFAESI Act is found to be arbitrary in terms of Article 14 of the Constitution of India, it does not mean it equally applies to Section 18 of the SARFAESI Act, since Section 18 of the SARFAESI Act comes into operation in the final determination of the dispute in terms of Section 17 of the SARFAESI Act.
Result-Writ Petition dismissed.
Sections 17 and 18 of the SARFAESI Act cannot go together.
K.C. Bhanu, J.
1. This Writ Petition is filed under Article 226 of the Constitution of India, to quash the order, dated 14.03.2013, in Interlocutory Application No.779 of 2013 in Securitisation Application No.167 of 2013 passed by the Debts Recovery Tribunal, Hyderabad (for short, ‘the Tribunal’), and consequently direct respondent No.2 to maintain status-quo in respect of secured assets of the petitioner till the final disposal of Securitisation Application.
2. The Writ Petitioner filed Securitisation Application before the Tribunal challenging the Possession Notices, dated 07.01.2013, 08.01.2013 and 09.01.2013, issued by the 2nd respondent bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’) and the Security Interest (Enforcement) Rules, 2002 (for short, ‘the Rules’), against the schedule property, to declare them as null and void.
3. The interim prayer sought for pending final decision of the Securitisation Application is to stay all further proceedings including dispossession of the applicants therein or their tenants/agents from the schedule properties by the 2nd respondent bank in pursuant to the ‘Possession Notices’, dated 07.01.2013, 08.01.2013 and 09.01.2013 issued under Section 13(4) of the SARFAESI Act and the Rules.
4. The Tribunal, after hearing both sides, passed a docket order on 14.03.2013, the relevant paragraph of which reads thus:
“The said contentions raised by both the parties are intriguing questions which are to be dealt with and decided after a thorough enquiry in the main SA. However, in the meanwhile, in view of the facts and circumstances of the case and also the quantum of claim involved in the matter, which is uncertain, the Applicants are hereby directed to deposit directly with the Respondent Bank a sum of Rs.10.00 crores, out of which, Rs.5.00 crores is directed to be deposited within 4 weeks from today and the balance amount of Rs.5.00 crores is directed to be deposited within 4 weeks thereafter. Accordingly, the Respondent Bank is hereby directed to defer all further proceedings in respect of the schedule properties pursuant to the Possession Notice, dt.07.01.2013, 08.01.2013 and 09.01.2013 until further orders of this Tribunal. In the event the Applicants fail to deposit the amounts as stated supra, the Respondent Bank shall be at liberty to proceed further in accordance with law. Matter stands posted to 15.04.2013 for filing of Counter/Reply by the Respondent Bank”.
Challenging the same, the present Writ Petition is filed.
5. Originally, the Writ Petition was disposed of on 19.03.2014 at the stage of admission without issuing notice to the respondents, wherein it was held thus:
“After hearing the learned counsel for the petitioner and keeping in view the observations made by the Debt Recovery Tribunal that the “contentions raised by both the parties are intriguing questions which are to be dealt with and decided after a thorough enquiry in the main SA”, we direct the petitioner to deposit a demand draft for Rs.1.00 Crore with the respondent – Bank by tomorrow i.e., 20-03-2014. The petitioner shall also deposit a sum of Rs.4.5 Crores on or before 31-05-2014 and another sum of Rs.4.5 Crores on or before 31-07-2014. In the meantime, the respondent – Bank is restrained from taking any coercive steps to recover the amount and to take any action against the petitioner in running the printing press. If the petitioner is already in possession of the secured assets, it shall not be dispossessed in the meantime. It is made clear that in case the petitioner fails to pay the amount in compliance with the aforementioned direction, the respondent – Bank is at liberty proceed in accordance with law.
The writ petition is accordingly disposed of.
Miscellaneous petitions, if any, pending consideration shall stand closed. No order as to costs.”
6. Challenging the same, Civil Appeal No.4402 of 2014 (arising out of
Mardia Chemicals Ltd., and others Vs. Union of India and others (2004) 4 SCC 311)
Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others (1998) 8 SCC 1)
Harbanslal SahaniaVs. Indian Oil Corporation Ltd(2003)2 SCC 107)
K.Bala Krishna Vs. Debts Recovery Tribunal and others (2006(6) ALT 695)
Ishwar Dutt Vs. Land Acquisition Collector and another (AIR 2005 SC 3165)
C.V. Rajendranand Another Vs. N.M. Muhammed Kunhi(AIR 2003 SC 649)
Erach Boman Khavar v. Tukaram Shridhar Bhat, Another (AIR 2014 SC 544)
Prestige Lights Ltd., Vs. State Bank of India (2007) 8 SCC 449)
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