Madras High Court
Yogesh Kumar (M/45) vs Kotak Mahindra Bank on 7 February, 2020
Author: N.Kirubakaran
Bench: N.Kirubakaran, P.Velmurugan
W.P.Nos.2956, 2962 & 2966 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.Nos.2956, 2962 & 2966 of 2020
and
W.M.P.Nos.3441, 3444, 3445, 3454 to 3459 of 2020
Yogesh Kumar (M/45),
S/o.Bhanwarlal Porwal,
Old No.167, New No.156,
Govindappa Naicken Street,
Chennai 600 001. ... Petitioner in W.P.No.2956 of 2020
Mahendra Kumar Bhurat (M/46),
S/o.Kewal Chand,
Old No.167, New No.156,
Govindappa Naicken Street,
Chennai 600 001. ... Petitioner in W.P.No.2962 of 2020
Vijay Singh (M/26),
S/o.Shrawan Singh Rajapurohit,
Old No.167, New No.156,
Govindappa Naicken Street,
Chennai 600 001. ... Petitioner in W.P.No.2966 of 2020
Vs
1.Kotak Mahindra Bank,
Rep. by its Authorised Officer,
Srinivas Ponduri,
No.3, Ground Floor, Rathinapuri Layout,
Jawaharlal Nehru Road, 100 feet road,
Koyambedu, Chennai 600 107.
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W.P.Nos.2956, 2962 & 2966 of 2020
2.The Chief Metropolitan Magistrate,
Egmore,
Chennai 600 008.
3.Esjaypee Impex Private Limited,
Represented by its Managing Director,
Mahendra Kumar,
No.186, Govindappa Naicken Street,
Chennai 600 001.
4.Pattubhai Phukaraj,
No.47/A, Rainbow Rakhi Apartments,
Barnaby Road, Kilpauk,
Chennai 600 010.
5.Mahendra Parmar,
No.23, Rajarathinam Street,
Kilpauk, Chennai 600 010.
6.Manish Parmar,
No.47/A, Rainbow Rakhi Apartments,
Barnaby Road, Kilpauk,
Chennai 600 010.
7.Madhubala Parmar,
No.23, Rajarathinam Street,
Kilpauk,
Chennai 600 010.
8.Kalasurendara Jam,
No.1825, Paseo Del Sol,
Palos Verdes Estate,
CA 90274, USA.
9.Indhu Mahendrasinghi,
No.203, Apsara Building 'B' Wing, Sector 17,
Vashi, Navi, Mumbai.
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W.P.Nos.2956, 2962 & 2966 of 2020
10.The State,
Rep. by its Inspector of Police,
C-5, Kothavalchavadi Police Station,
Thathamuthiyappan Street,
Chennai 600 108. ... Respondents
(in all the petitions)
PRAYER : Writ Petitions filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records of
the 2nd respondent in Crl.M.P.No.3646 of 2019, dated 12.11.2019 and quash
the same and to take the penal action against the first respondent.
For Petitioner :Mr.K.Rajendra Prasad
(in all the petitions)
For Respondent :Mr.J.Senthilkumar (for R1)
(in all the petitions)
COMMON ORDER
(Judgment of the Court was delivered by N.KIRUBAKARAN, J) The petitioner is a tenant in the premises which is shown as security property to the bank for the loan availed by the 3rd respondent. Since the loan account has become a Non Performsing Asset, the security property was auctioned and the third party has purchased the property. Since some responsibilities were there, petition under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, seeking an order to enable the Bank to take management and possession of the secured asset was taken out by the 1st respondent/Bank. http://www.judis.nic.in 3/6 W.P.Nos.2956, 2962 & 2966 of 2020 In the said petition, the Criminal Court by virtue of order dated 12.11.2019 granted relief specifically. Even as per the averment made by the petitioner, the possession has already been taken. The said order of the Criminal Court is sought to be challenged before this Court.
2.Heard the parties.
3.Though the petitioner claimed to be a tenant, there is no valid document to show that he is a tenant. Even though lease deed has been filed before this Court to show that he is a tenant of the building, that too is an unregistered document. It is evident from the records that the documents have been fabricated for the purpose of the case, only to prevent the bank from taking possession. In any event, the possession has already been taken.
4.The petitioner's grievance is that his goods and immovable properties are inside the alleged tenanted portion and he has 10 days time to vacate the premises and to take possession of those things. There is no question of vacating the premises, as already the bank has taken possession as per the order passed by the criminal Court. While taking possession, http://www.judis.nic.in 4/6 W.P.Nos.2956, 2962 & 2966 of 2020 inventory would have been taken listing out what are all the materials and goods which are found in the premises. If the petitioner is aggrieved he can give representation alongwith list of immovables and goods to the bank to get the immovable properties and goods and the bank shall consider the same.
5.Accordingly, the Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are also closed.
(NKKJ) (PVJ)
07.02.2020
sai
To
1.The Chief Metropolitan Magistrate, Egmore, Chennai 600 008.
2.The Inspector of Police, C-5, Kothavalchavadi Police Station, Thathamuthiyappan Street, Chennai 600 108.
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and P.VELMURUGAN, J.
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