IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15682 of 2010(I)
1. ABDUL SALAM, S/O.HANEEFA KUNJU,
... Petitioner
2. SANOOJA A., D/O.ABDUL SALAM,
3. SAMNA A., D/O.ABDUL SALAM,
Vs
1. THE MANAGER, PUNJAB NATIONAL BANK,
... Respondent
2. ADV.A.G.ALEXANDER, (ADVOCATE
3. ROY MOL, PROPRIETOR, M/S.ROY FABRICS,
For Petitioner :SRI.LIJU. M.P
For Respondent :SRI.PRATHEESH.P
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :27/07/2010
O R D E R
P.R. RAMACHANDRA MENON J.
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W.P. (C) No. 15682 of 2010
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Dated, this the 27th day of July, 2010
JUDGMENT
The petitioners, who were the tenants of the premises owned by
the third respondent, were constrained to approach this Court because
of the coercive proceedings taken by the Bank, in the course of the
steps taken under the SARFAESI Act, for the realization of the amount
stated as due from the 3rd respondent under a loan transaction.
2. Pursuant to the interim order dated 3.6.2010, the building,
which has already taken possession of, with the help of the second
respondent/Advocate Commissioner appointed by the concerned Chief
Judicial Magistrate, as per the Ext. P3 order in Ext. P2 petition filed
under Section 14 of the Act, was caused to be opened and the study
materials and hall ticket of the 3rd petitioner were permitted to be taken
out. The only case of the petitioners is that, the movables inside the
building exclusively belong to the petitioners and that the petitioners
may be permitted to retrieve them.
3. The learned counsel appearing for the 3rd respondent/landlord
submits that, some of the movables in the premises belong to the 3rd
respondent and that the said respondent does not have any objection
in permitting the petitioners to take out their movables, to be effected in
presence of the 3rd respondent.
W.P. (C) No. 15682 of 2010
: 2 :
4. The learned counsel appearing for the Bank submits that, the
Bank does have any objection at all for releasing the movables, subject
to the consensus between the 3rd respondent and the petitioners i.e the
landlord and the tenants.
5. In the above said circumstances, the petitioners are permitted
to take out the concerned movables kept in the premises, which are not
objected otherwise by the respondents. This shall be caused to be
done by the respondent Bank in presence of the 3rd respondent. The
date and time concerned for facilitating such removal shall be let known
by the Bank, both to the petitioners as well as to the third respondent
forthwith, at any rate within two weeks from the date of receipt of a copy
of this judgment.
The Writ Petition is disposed of.
P. R. RAMACHANDRA MENON, JUDGE
kmd