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Apollo Hospitals Enterprises Ltd., rep. by its Authorised Signatory, S.M. Mohan Kumar & Another v/s Bank of India, rep. by its Authorised officer & Another


Company & Directors' Information:- S V S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TG2007PTC052534

Company & Directors' Information:- D D HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2009PTC073765

Company & Directors' Information:- KUMAR HOSPITALS PRIVATE LIMITED [Active] CIN = U85110AP2008PTC057083

Company & Directors' Information:- A AND E HOSPITALS PRIVATE LIMITED [Active] CIN = U85110KL2003PTC016562

Company & Directors' Information:- SM CORPORATION LIMITED [Active] CIN = U51909AS1981PLC007406

Company & Directors' Information:- A. S. INDIA LIMITED [Active] CIN = U70100MP2009PLC022300

Company & Directors' Information:- R R HOSPITALS PRIVATE LIMITED [Active] CIN = U85100HR2011PTC042705

Company & Directors' Information:- S M INDIA LTD [Strike Off] CIN = U26942ML1998PLC005541

Company & Directors' Information:- K P S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TZ1994PTC004918

Company & Directors' Information:- B R S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN1988PTC016237

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- V H M HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2009PTC073497

Company & Directors' Information:- MOHAN ENTERPRISES LTD [Strike Off] CIN = U01403DL1993PLC056012

Company & Directors' Information:- D B R HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TG2003PTC041648

Company & Directors' Information:- S M R HOSPITALS PVT LTD [Strike Off] CIN = U85110DL2005PTC143152

Company & Directors' Information:- M S R HOSPITALS PRIVATE LIMITED [Active] CIN = U85110AP1994PTC017731

Company & Directors' Information:- M M HOSPITALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U85110UP1993PTC015371

Company & Directors' Information:- APOLLO INDIA PRIVATE LIMITED [Active] CIN = U24290DL2012PTC237964

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- K C HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110PB2012PTC035880

Company & Directors' Information:- B M HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2005PTC058062

Company & Directors' Information:- KUMAR ENTERPRISES PRIVATE LIMITED [Active] CIN = U51109UP1995PTC019057

Company & Directors' Information:- S A HOSPITALS LIMITED [Strike Off] CIN = U85110MH2002PLC136697

Company & Directors' Information:- KUMAR ENTERPRISES PRIVATE LIMITED [Strike Off] CIN = U70100CH1986PTC006718

Company & Directors' Information:- M. B. HOSPITALS PRIVATE LIMITED [Active] CIN = U85100HR2010PTC041489

Company & Directors' Information:- M G M I HOSPITALS (INDIA) PRIVATE LIMITED [Active] CIN = U85195KA2010PTC052058

Company & Directors' Information:- R KUMAR ENTERPRISES PVT LTD [Strike Off] CIN = U51101RJ1982PTC002407

Company & Directors' Information:- M AND D HOSPITALS PRIVATE LIMITED [Active] CIN = U85110DL2002PTC117618

Company & Directors' Information:- APOLLO ENTERPRISES PVT LTD [Strike Off] CIN = U45201DL1978PTC008993

Company & Directors' Information:- M. R. HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110UP1995PTC018165

Company & Directors' Information:- S P HOSPITALS PVT LTD [Strike Off] CIN = U85110HP1992PTC012651

Company & Directors' Information:- S.M. CORPORATION PRIVATE LIMITED [Active] CIN = U93090TN2017PTC114103

Company & Directors' Information:- V K R HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110TG2011PTC075009

Company & Directors' Information:- C P E C APOLLO PRIVATE LIMITED [Active] CIN = U74999DL2015PTC283774

Company & Directors' Information:- V P HOSPITALS PRIVATE LIMITED [Active] CIN = U85110DL2011PTC220548

Company & Directors' Information:- G S HOSPITALS PRIVATE LIMITED [Active] CIN = U85100AP2014PTC094902

Company & Directors' Information:- MOHAN BANK OF INDIA LIMITED [Not available for efiling] CIN = U99999MH1935PTC002284

    W.P. Nos. 10001 & 7761, WMP Nos. 11007 & 11008, 8489 & 10790 of 2017

    Decided On, 25 April 2017

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE HULUVADI G. RAMESH & THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN

    For the Petitioners: R.J. Radhika, Advocate. For the Respondents: R1, F.B. Benjamin George, Advocate.



Judgment Text

(Prayer in W.P.No.10001 of 2017: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorari calling for the records of the learned Chief Metropolitan Magistrate, Allikulam, Chennai-3, relating to passing of the order dated 2.6.2016 and 10.06.2016 in Crl.M.P.No.6481 of 2016 and quash the same.

in W.P.No.7761 of 2017: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorari calling for the records pertaining to Crl.M.P.No.6481 of 2016, on the file of the learned Chief Metropolitan Magistrate, Egmore and quash the order vide dated 02.06.2016, made in Crl.M.P.No.6481 of 2016, on the file of the Chief Metropolitan Magistrate, Egmore.)

Common Order:

Huluvadi G.Ramesh, J.

1. The petitioners are tenants under the second respondent. The petitioner in W.P.No.11001 of 2017 is running a Pharmacy and the petitioner in W.P.No.7761 of 2017 is residing in the said premise, as a tenant, for the last 15 years. It is seen that the second respondent, namely, the owner of the property, has created mortgage of the subject property with the first respondent. Since the second respondent/borrower has defaulted in making the repayment to the first respondent bank, the bank initiated action under the SARFAESI Act and approached the Chief Metropolitan Magistrate, Allikulam, and obtained an order for recovery of possession. On the strength of the said order, the bank demanded the petitioners, who are the tenants and residing in the respective portions of the premises, to vacate the same and handover vacant possession. It is the grievance of the petitioners that the first respondent, in collusion with the second respondent bank, is indulging in such activities so as to evict them from the premises, without following the due process of law. Hence, the petitioners are before this Court with these writ petitions.

2. Heard the learned counsel for the parties and also perused the records carefully.

3. When the writ petition in W.P.No.7761 of 2017 came up for hearing, this Court, vide order dated 3.4.2017, granted interim stay of the order impugned in the writ petition. Seeking to vacate the said order, now the respondent bank has moved W.M.P.No.10790 of 2017.

4. It appears that the second respondent/owner of the premises has created mortgage in respect of the said premises and since he defaulted in repaying the loan amount, the bank has initiated action under the SARFAESI Act, which cannot be found fault with. At the same time, it is stated that the petitioner in W.P.No.10001 of 2017 is running a pharmacy in a portion of the premises and they expressed some difficulty in finding an alternative premises immediately and as such requested for sufficient time to vacate the premises and hand over vacant possession.

5. Considering the facts and circumstances of the case and also considering the difficulty expressed by the petitioner in W.P.No.10001 of 2017, it is directed that subject to filing of an undertaking by the petitioner that they will vacate and handover vacant possession of the respective portion, on or before 30.06.2017, the respondent bank shall consider the case of the petitioner, subject to payment of arrears of rent. If possession has already been taken by the respondent bank, the same shall be nullified till the vacant possession is handed over by the petitioner. Considering the apprehension expressed by the petitioner in W.P.No.7761 of 2017 that he will be vacated by the respondent bank, without following the due process of law and since in view of the stay granted by this Court, the respondent bank

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is unable to take possession of the portion under occupation by the petitioner/Velavan, it is made clear that the respondent bank shall issue notice to the petitioner, who is in occupation of the respective portion of the subject premises and get him vacated following the due process of law. 6. The writ petitions are disposed of accordingly. No costs. Connected miscellaneous petitions are closed.
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