SELVA BAKYARAJ, MANAGING DIRECTOR, SUNRISE CHENNAI DISTRIBUTORS PVT LTD Vs. IDBI BANK LIMITED, REP BY ITS DEPUTY GENERAL MANAGER/AUTHORIZED OFFICER, CHENNAI

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus to call for the records comprised in Crl.M.P.No.507 of 2018 on the file of the Chief Metropolitan Magistrate, Allikulam, Chennai in issuing the warrant dated 15.05.2018 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'SARFAESI Act') and extend the period of execution by virtue of the order made in C.M.P.No.3264 of 2018, dated 17.7.2018 and in C.M.P.No.4153 of 2018, dated 17.9.2018 authorizing the Advocate Commissioner to take possession of the land and building viz., M/s.Sabari Convention Centre comprised in Door No.29, Chinnaiaya Street, T.Nagar, Chennai and to quash the same in so far as in sealing of the tenanted business premises of the petitioner located in basement and ground floor and consequently, direct the respondents 1 to 3 to pay damages of Rs.50 lakhs under public law remedy.

(2.) It is the case of the petitioner that they are the tenant in respect of the basement and the ground floor of premises bearing No.29, Chinnaiaya Street, T.Nagar, Chennai-17 as per the lease agreement dated 23.1.2014 between M/s.Sunrise Chennai Distributors (P) Limited and the landlord viz., K.R.V.Ramani. According to the petitioner, they are trading in the said premises as "Wait Rose London Super Market". Though the lease agreement dated 23.1.2014 was for a period of 10 years, it was not registered by the parties. Under Section 17 of the Indian Registration Act, registration of lease agreement for a period of more than 12 years is compulsorily be registered.

(3.) The respondents 4 to 7 obtained loan from the 1 st respondent Bank and committed default in repaying the loan. Therefore, the 1 st respondent Bank initiated proceedings under the SARFAESI Act and issued Section 13(2) notice on 27.11.2013. Subsequently, the 1 st respondent Bank issued Section 13(4) notice dated 21.11.2014 to the respondents 4 to 7. Challenging Section 13(4) notice, the respondents 4 to 7 preferred an appeal in S.A.No.500 of 2015 before the Debts Recovery Tribunal-III, Chennai. By an order dated 14.8.2015, the Debts Recovery Tribunal-III, Chennai directed the petitioner herein to remit the monthly rent of Rs.2.50 lakhs directly to the 1 st respondent Bank.