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2021 Supreme(Kar) 124

B.V.NAGARATHNA, NATARAJ RANGASWAMY
U. M. Ramesh Rao S/O. Late U. M. Krishna Rao – Appellant
Versus
Union Bank Of India (Formerly Corporation Bank) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. S.S. Naganand, Senior Advocate For Sri. Srinivas S.V., Advocate
For the Respondent:Sri. Dhyan Chinnappa, Senior Advocate For Smt.Divya Purandar, Advocate For C/R Sri. Shashikiran Shetty, Senior Advocate For Smt. Latha S. Shetty, Advocate

JUDGMENT :

NAGARATHNA, J.

Though these appeals were listed for preliminary hearing, with the consent of learned counsel on both sides, they were heard finally.

2. Writ Appeal No.538 of 2020 arises from Writ Petition No.12461 of 2020 (GM-RES) disposed of on 13.11.2020, while Writ Appeal No.545 of 2020 arises from Writ Petition No.13932 of 2015 (GM-RES) disposed of on 14.10.2020. In both the writ petitions, respective learned Single Judges have declined to entertain the writ petitions on the ground of availability of an alternative remedy of appeal available under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) (‘SARFAESI Act’ for the sake of convenience). Hence, these appeals.

3. Since common questions of law and facts arise in these appeals, they have been connected together, heard and disposed of by this common judgment.

4. The quintessential question that arises for consideration in these appeals is, whether, coffee plantation is agricultural land within the meaning of Section 31(i) of the SARFAESI Act and therefore, the said Act does not apply to coffee plantation.

Brief facts of the case in Writ

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