IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI Dated the 28^th day of May, 2025 PRESENT: HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON RA (SA) 33/2022, RA(SA) 46/2022 and RA(SA) 47/2022 (arising out of SA 666/2019, SA 667/2019 and SA 668/2019 on the file of DRT, Coimbatore)

I. RA(SA) 33/2022 Between

1. The Authorised Officer, City Union Bank of India, Administrative Office, No.24B, Gandhi Nagar, Kumbakonam 612 001.

2. City Union Bank, Ram Nagar Branch, 27-30, Sarojini Street, Ram Nagar, Coimbatore 641 009.

…..Appellants And

1. Mr.G. Jawahar, S/o V.P. Gopal, 141/71, T.V. Samy Road (West), R.S. Puram, Coimbatore 641 002.

2. Mrs. J. Rajalakshmi, W/o G. Jawahar, 141/71, T.V. Samy Road (West), R.S. Puram, Coimbatore 641 002.

3. M/s Haran Textile Company, Rep. by its Partner, Mr. G. Jawahar, No.36, Bharathi Park, Cross No.5, Saibaba Colony, Coimbatore 641 011.

…..Respondents II. RA(SA) 46/2022 Between

1. The Authorised Officer, City Union Bank of India, Administrative Office, No.24B, Gandhi Nagar, Kumbakonam 612 001.

2. City Union Bank, Ram Nagar Branch, 27-30, Sarojini Street, Ram Nagar, Coimbatore 641 009.

…..Appellants And

1. Mr.G. Jawahar, S/o V.P. Gopal, 141/71, T.V. Samy Road (West), R.S. Puram, Coimbatore 641 002.

2. Mrs. J. Rajalakshmi, W/o G. Jawahar, 141/71, T.V. Samy Road (West), R.S. Puram, Coimbatore 641 002.

3. Mr. Sri Venkatesh Shyam Kumar, S/o Ranganathan, No.17, Alagesan Road, Saibaba Colony, Coimbatore 641 011.

…..Respondents Between

1. The Authorised Officer, City Union Bank of India, Administrative Office, No.24B, Gandhi Nagar, Kumbakonam 612 001.

2. City Union Bank, Ram Nagar Branch, 27-30, Sarojini Street, Ram Nagar, Coimbatore 641 009.

…..Appellants And

1. Mr.G. Jawahar, S/o V.P. Gopal, 141/71, T.V. Samy Road (West), R.S. Puram, Coimbatore 641 002.

2. Mrs. J. Rajalakshmi, W/o G. Jawahar, 141/71, T.V. Samy Road (West), R.S. Puram, Coimbatore 641 002.

…..Respondents Counsel for Appellants : M/s Ananda Gomathy and Co.

Counsel for Respondents : M/s Aiyar and Dolia

COMMON ORDER

1. These appeals are filed under Section 18 of the SARFAESI Act, challenging the Common Order passed by Learned Presiding Officer, Coimbatore in SA

668/2019, SA 667/2019 and SA 666/2019, on 25.8.2022.

2. In all the aforesaid SAs, respondents challenged the same Possession Notice dated 31.10.2019.

3. The main ground for filing these SAs were, that properties offered as mortgage were agricultural lands, therefore, they are exempted from the proceedings initiated under Section 31(i) of SARFAESI Act, 2002. Respondent bank resisted this claim, stating that properties are not agricultural lands in its entirety. On consideration of rival submissions, Learned Presiding Officer allowed the aforesaid three SAs, by way of a Common Order dated 25.8.2022. Aggrieved by the said common order, these appeals are filed.

4. It is the submission of Learned Counsel for appearing for appellant bank that properties mortgaged are not agricultural properties. Entries showing the lands as agricultural lands in the revenue records, is not a ground for holding the properties, as agricultural properties. It is his further submission that borrowers should have made out a case to prove that properties are agricultural properties by producing relevant documents for showing that agricultural operations are being regularly carried out, income was generated, etc. No such documents had been produced for showing raising of crops, generation of income, etc. Therefore, finding of the Learned Presiding Officer, on the basis of revenue records, holding the properties as agricultural properties, is not correct.

5. It is submitted that from the documents produced and the description of the properties, there are superstructure available in the mortgaged properties. Property mortgaged is a vacant site with superstructure and superstructure to be put up thereon. Coconut trees cannot be considered as agricultural crops. What is to be seen is the intention of the parties, especially borrowers, to create mor