Kerala High Court
Agp City Gas Private Limited vs M/S. Lynx Properties & Developers on 25 November, 2021
OP (DRT) No.261/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
OP (DRT) NO. 261 OF 2021
I.D NO 9205/2021 IN SA 177/2021 OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
PETITIONER/PETITIONER /3RD DEFENDANT:
AGP CITY GAS PRIVATE LIMITED, HAVING CORPORATE OFFICE AT NO.23,
RAJIV GANDHI SALAI (OMR), 1ST FLOOR, BUILDING NO.CORE 2, PACIFIC
TECH PARK, NAVALUR, CHENNAI-600 130, REPRESENTED BY ITS AUTHORISED
OFFICER.
RESPONDENTS/RESPONDENTS/APPLICANTS & DEFENDANTS NO 1 &2:
1. M/S. LYNX PROPERTIES & DEVELOPERS, NO.1, SKYLINE SPRING FIELD,
PADIVATTOM, EDAPPALLY P.O., ERNAKULAM,PIN-, REPRESENTED BY ITS
PARTNER MR.LAJI JOSEPH, S/O.P.K.JOSEPH, PUTHUPPARA HOUSE, 8/192,
THURAVOOR, KIDANGOOR P.O., ANGAMALY, ERNAKULAM, PIN-683 572.
2. M/S. ORMA TIMBERS, VII/157A, OPPOSITE FEDERAL BANK, THANKEY
JUNCTION, CHERTHALA, ALAPPUZHA, PIN-688 524, REPRESENTED BY ITS
PARTNER MR.LAJI JOSEPH, S/O.P.K.JOSEPH, PUTHUPPARA HOUSE, 8/192,
THURAVOOR, KIDANGOOR P.O., ANGAMALY, ERNAKULAM, PIN-683 572.
3. BANK OF BARODA, ERNAKULAM MAIN BRANCH, PB NO.1772, PALLIMUKKU,
M.G.ROAD, ERNAKULAM, PIN-682 016.
4. THE AUTHORIZED OFFICER, BANK OF BARODA, ERNAKULAM MAIN BRANCH,
P.B.NO.1772, PALLIMUKKU, M.G.ROAD, ERNAKULAM, PIN-682 016.
OP (Debt Recovery Tribunal) praying inter alia that in the
circumstances stated in the affidavit filed along with the OP (DRT) the
High Court be pleased to
A. vacate the exparte ad interim order dted 27-08-2021 passed by the
Hon'ble Debt Recovery Tribunal, Ernakulam in the interests of justice,
pending consideration of this Original Petition.
B. pass an order clarifying that the ex-partee ad- interim order
dated 27-08-2021 passed by the Hon'ble Debt Recovery Tribunal, Ernakulam
in SA No. 177 of 2021 does not restrain the Petitioner from continuing the
construction in 64 cents (25.9 Ares) of land comprised in Survey Nos. 228/
07-1 & 228/07 of Vayalar East Village, Uzhuva Muri, Cherthala Taluk,
Alappuzha District and from commissioning the LCNG station therein.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP (DRT) and upon hearing the arguments
of SRI. JOSEPH KODIANTHARA & VIVEK CHIB Senior Advocates along with M/S
Dr. MATHEW A KUZHALNADAN, KURIAKOSE VARGHESE, V.SHYAMOHAN, SUDEEP ARAVIND
PANICKER & SRADHAXNA MUDRIKA, Advocates for the petitioners and of SRI.
NAGRAJ NARAYANAN , Standing Counsel for the respondents 3 & 4, the court
passed the following:
OP (DRT) No.261/2021 2/5
BECHU KURIAN THOMAS, J.
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O.P.(DRT) No.261 of 2021
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Dated this the 25th day of November, 2021
ORDER
In view of the non-functioning of the Debts Recovery
Tribunal, Ernakulam as well as the Debts Recovery Appellate
Tribunal, Chennai, petitioner has no forum to challenge Ext.P12
(certified copy of which is produced as Ext.P14). As the petitioner's
right to have access to justice against Ext.P14 is prejudiced due to
absence of a forum, this writ petition is admitted.
2. Adv.Nagaraj Narayanan takes notice for respondents 3
and 4. Issue notice by special messenger to respondents 1 and 2.
3. The learned Senior Counsel Sri.Joseph Kodianthara and
Senior Counsel Sri.Vivek Chib, duly instructed by Adv.Sudeep Aravind
Panicker submitted that, the property was purchased by the
petitioner in a sale by private treaty under the SARFAESI Act, 2003
on 28.02.2020 and was directed to be registered by this Court, as
evident from the judgment in W.P.(C) No.16997/2020 dated
24.09.2020. Pursuant to the direction, the sale was registered on
11.12.2020 as Deed No.2226/2020, evidenced by Ext.P3 sale
certificate.
OP (DRT) No.261/2021 3/5
O.P. (DRT) NO. 261 OF 2021
4. The learned Senior Counsel pointed out that, in the
meantime, the first respondent preferred a securitisation application
challenging the sale, alleging that notice under Section 13(2) of the
SARFAESI Act was not served on them. It is argued that the afore
contention is incorrect and contrary to the finding in the order in
T.S.A.No.719/2016 of DRT dated 11.07.2019 where, the very same
contentions were negatived earlier.
5. The learned Senior Counsel submitted that without
revealing the prior order above mentioned, a fresh securitisation
application was preferred as S.A.No.177/2021 and an ex parte order
was obtained by the first respondent wherein the Tribunal has
directed to maintain status quo.
6. The learned Senior Counsel further submitted that the
order of status quo causes irreparable prejudice and hardships to the
petitioner, as it has halted the project to lay, build and operate a City
Gas Distribution Network for the districts of Alleppey, Kollam and
Thiruvananthapuram, the work of which is required to be completed
time bound.
7. Having regard to the aforesaid submissions, and on
being prima facie satisfied of the merits of the contentions raised, I
OP (DRT) No.261/2021 4/5
O.P. (DRT) NO. 261 OF 2021
find Ext.P12 (Ext.P14) order as prima facie contrary to law and liable
to be stayed.
Accordingly, I hereby stay the operation of the order dated
27.08.2021 in S.A.No.177/2021 of the Debts Recovery Tribunal,
Ernakulam, copy of which is produced as Ext.P14, until further
orders, subject to the condition that petitioner shall not alienate or
transfer the property in dispute without getting further orders from
this Court.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
25-11-2021 /True Copy/ Assistant Registrar
OP (DRT) No.261/2021 5/5
APPENDIX OF OP (DRT) 261/2021
Exhibit P12 TRUE COPY OF THE INTERLOCUTORY APPLICATION DATED
08.11.2021 FILED BY THE PETITIONER SEEKING DIRECTIONS
AND BEARING ID NO.9205/2021 IS IN SA 177/2021.
Exhibit P14 CERTIFIED COPY OF THE ORDER DATED 27-08-2021 IN S.A
177/2021 ISSUED BY THE HON'BLE DRT- II, ERNAKULAM.
Exhibit P3. True copy of the registered Sale Certificate dated
11/12/2020 executed in favoour of the Petitioner
