ASHA AJIRAJ Vs. AUTHORISED OFFICER/CHIEF MANAGER

JUDGEMENT

(1.) 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 that the petitioner is entitled to seek statutory remedies as per Sec. 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 or any other appropriate remedies to enforce her right as a registered tenant in the 950 Square Feet show room in Thirumullavaram, Kollam District.

(2.) The petitioner also seeks to command the 1st respondent to grant reasonable time for the petitioner to seek statutory remedies as per Sec. 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

(3.) The petitioner states that the petitioner has been running the business in the very same premises since the year 18/11/2021 onwards. The petitioner now holds a registered rent deed. Due to the liabilities created by the borrower of a loan account in respect of which the landlord is a guarantor, the UCO Bank proceeded against the guarantor's property in which the petitioner is running the business. The petitioner is ought to be evicted invoking the provisions of Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Immediately on coming to know of the proceedings, the petitioner approached the Chief Judicial Magistrate's Court and the Chief Judicial Magistrate's Court has deferred the coercive proceedings till 27/2/2024.