Asha Ajiraj vs. The Authorised Officer/Chief Manager
Held
The Court acknowledged the petitioner's statutory remedy under Section 17(4A) of the SARFAESI Act and granted a 14-day breathing period to approach the Debts Recovery Tribunal. Coercive proceedings, including those under Section 14 of the SARFAESI Act, were deferred for this period, with no further extensions.
Facts
The petitioner, a registered tenant operating a business with GST registration since 2021, faced eviction from her showroom by UCO Bank under the SARFAESI Act. The property was mortgaged by the landlord/guarantor to the bank prior to the petitioner's registered tenancy in 2023, leading the bank to argue the tenancy was invalid against their prior mortgage.
Key Issues
Whether a tenant, whose registered tenancy was created after the property was mortgaged to a bank, is entitled to a temporary deferment of eviction proceedings under the SARFAESI Act to pursue statutory remedies before the Debts Recovery Tribunal.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 26TH DAY OF FEBRUARY 2024/7TH PHALGUNA, 1945 WP(C) NO. 7542 OF 2024 PETITIONER: ASHA AJIRAJ, AGED 49 YEARS, W/O ADV.AJIRAJ.G.R, MANAGING PARTNER, SNOW WHITES ASSOCIATES, OPPOSITE IOC PETROL PUMP, NELLIMUKKU, THIRUMULLAVARAM P.O, KOLLAM- 691 012., PERMENANTLY RESIDING AT SREESHYLAM, SOUHRIDA NAGAR 39, KOLLAM, KAVANAD P.O, PIN – 691003 BY ADVS. P.T.DINESH ANJU DIVAKAR RESPONDENTS: 1 THE AUTHORISED OFFICER/CHIEF MANAGER, UCO BANK, QUILON BRANCH, KHAISE BUILDING, BRANCH ROAD, QUILON, PIN - 691001 2 SHAJINI, AGED 56 YEARS, W/O SULAIMAN KUNJU, PALAMOOTTIL VEEDU KOLLAM, THIRUMULLAVARAM P.O,, PIN – 691012 BY ADV. SRI.DEEPAK JOY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7542/2024 : 2 : JUDGMENT Dated this the 26th day of February, 2024 The petitioner, who is Managing Partner of the Firm “Snow White Associates”, which is running a showroom of “Total” Brand Tools by the name and style as “Total One Stop Tools Station”, has approached this Court seeking to declare t
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