Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944 WP(C) NO. 39989 OF 2022 PETITIONER:
SIVA KUMAR M, AGED 38 YEARS, S/O MADHAVAN ACHARI, RESIDING AT SUBASH BHAVAN, KRISHNAPURAM, NEYYATINKARA P.O, THIRUVANANTHAPURAM-695 121.
BY ADVS.
R.SUNIL KUMAR A.SALINI LAL RESPONDENTS:
1 BANK OF BARODA, VANCHIYOOR BRANCH, AMBUJAVILASOM ROAD, KUNNUMPURAM VANCHIYOOR P.O, THIRUVANANTHAPURAM-695 001.
2 GODWIN S.R, S/O SUNDARESHAN, PUTHUMANGALATHU PUTHENVEEDU, PALIYODU, KOTTACKAL P.O., THIRUVANANTHAPURAM-695 124.
SRI.K.M.ANEESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39989 OF 2022 2 JUDGMENT The petitioner is a tenant in respect of a building, which has been taken possession of by the respondent Bank in proceedings under Section 14 of the SARFAESI Act. The petitioner is stated to be running a jewellery shop in the premises. It is the case of the petitioner that the stock belonging to the petitioner is still inside the shop and the possession was taken without giving reasonable notice to the petitioner. He submits that the petitioner only requires a reasonable time to vacate the premises.
2.
The learned counsel appearing for the respondent Bank submits that while the Bank has no objection in granting some reasonable time to the petitioner, the same must be on condition that the rent payable by the petitioner shall be paid over to the respondent Bank for the period during which he remains in occupation.
3.
Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank, this writ petition will stand disposed of directing that the petitioner shall be permitted to open his shop room till 16.01.2023. The petitioner shall hand over the vacant possession of the shop room
WP(C) NO. 39989 OF 2022 3 to the Authorised Officer of the respondent Bank before 05.00PM on 16.01.2023. If the petitioner does not hand over the possession, the learned counsel for the petitioner undertakes that his client will hand over the possession of the secured asset to the Authorised Officer of the respondent Bank before 05.00PM on 16.01.2023.
4.
Having regard to the submissions made as above, this writ petition will stand disposed of directing the Authorised Officer of the respondent Bank to permit the petitioner to occupy the premises in question till 05.00PM on 16.01.2023. If the petitioner does not hand over vacant possession of the secured asset by 05.00PM on 16.01.2023, it will be open to the respondent Bank to initiate proceedings for contempt of court against the petitioner.
The petitioner shall be permitted to open his shop forthwith and not later than 05.00PM on 23.12.2022. The rent payable by the petitioner for the period of occupation shall be paid over to the respondent Bank.
The writ petition will stand disposed of as above.
Sd/- GOPINATH P.
JUDGE DK
WP(C) NO. 39989 OF 2022 4 APPENDIX OF WP(C) 39989/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PRINTOUT OF PETITIONER'S SHOP'S GST PROFILE Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT IN WP(C): NO: 37370/2022