Saturday, July 7, 2012

Mallya flies high despite Kingfisher

File photo of Vijay Mallya.


P sainath /The Hindu /Mumbai /7 july 2012



Can a defaulter owing a public sector bank Rs. 40 crore persuade that bank to sanction him Rs. 150 crore in further loans before paying back a rupee? Can he get that bank to lower his debt to less than half of what he owed them? Can he have the terms of sanction amended repeatedly so that the personal guarantee demanded of him disappears? And can he get the bank to change the very purpose for which the loan was given?
Yes, if the defaulter is part of the United Breweries (UB) group headed by Vijay Mallya and the institution is Bank of Maharashtra (BoM). And it shouldn’t take more than two months. You can even get the first pay-out of your loan — before you have shown compliance with even its greatly weakened terms and conditions.
“There are fears within the bank that this Rs. 150 crore from BoM to a UB group company may really be about raising money for the group’s struggling airline, Kingfisher,” a whistleblower within the bank told The Hindu. “The changes in terms, conditions and purpose of the loan are worrying. And BoM might well sanction further amounts. This fund-raising drive is surely on in other banks, too. Which would explain the limited amounts from each of them.” Kingfisher has a debt of over Rs.7,000 crore and has not paid employees’ salaries for months. It has defaulted on tax payments and vendors complain of unpaid bills. BoM’s Rs. 150 crore (so far) will not dent a debt that size. But it could help raise desperately needed short-term working capital of Rs. 700-800 crore. A UB Group spokesperson, however, asserted that there was no “practice of inter-company funds diversion.”
On March 29 this year, BoM sanctioned a new loan of Rs. 100 crore to United Spirits, a UB group company. Aware that another UB Group concern, UB Engineering, still owed the bank money, BoM’s Credit Approval Committee (CAC) was initially cautious. The new loan could happen only “after repayment of full recompense amount of Rs. 40.60 crore to the satisfaction of the bank along with up to date interest in respect of dues of M/s UB Engineering Ltd ...”
By April 21, barely three weeks later, a new sanction letter had dropped mention of the Rs. 40.60 crore. Now, it was up to the bank's Recovery Department to “inform the amount of dues to be recovered from M/S UB Engineering” in line with the bank's recovery policy. By May 22, the amount sought to be recovered from UBE was down to Rs. 19.9 crore.
On March 29, the CAC had mandated that the loan to United Spirits be “utilized solely for future purchase (emphasis added) of casks (approx 1.28 lakhs) for maturation of spirits.” Also, “the bank would make payment directly to suppliers and vendors.” And no reimbursement would be allowed “in respect of assets already purchased.” This firmness, the BoM whistleblower told The Hindu, “arose from fears of the UB group diverting the money to Kingfisher.” Yet, by May 11, the firmness vanished. “Amount already spent on procurement of casks shall be allowed as margin towards promoter’s contribution,” said an amendment to the sanction. Nor would the bank deal directly with suppliers and vendors. “Necessary details such as original bills, present value of casks etc. in respect of casks already procured (emphasis added) should be obtained and held on record.” That, scoffs a banker, “means bills for stuff purchased ages ago might be used to show compliance with the loan terms and conditions. Perhaps no actual rule is broken. But the bank changing its own condition to ‘already procured,’ raises worries.”
The Hindu sent an email to BoM Chairman & Managing Director Narendra Singh, raising some of these issues. To which the Bank’s Chief Law Officer responded: “We cannot divulge any information relating to the affairs of any of our constituents.” This was “in view of the Bank’s legal obligation to maintain confidentiality and secrecy of its constituents accounts.” As required under “Section 13 of the Banking Companies (Acquisition & Transfer of Undertakings) Act 1970.” Given that one of the queries was simply whether all RBI directives had been followed in making the loans, the secrecy argument appears redundant.
By June 21, the amended purpose of the loan read: “For CAPEX (capital expenditure) requirement of the company for ongoing expansion (total project cost Rs. 1078 crores).” The strict original purpose had been drowned in a broader project. The loans have so far seen one sanction letter cancelled and a second one amended four times.
On March 29, the bank called for a ‘Personal Guarantee’ from Mr. Mallya as part of the deal. It also sought a ‘Corporate Guarantee’ from Four Seasons Wines Ltd (a UB Group company) and from United Breweries Holdings itself. It required the “latest net worth details of Mr Mallya be obtained before disbursement and it should be satisfactory.” By April 21, the ‘personal guarantee’ condition had vanished. Nor was one required from UB Holdings Ltd any longer. A guarantee from just Four Seasons Wines would be enough.
The Bank of Maharashtra grew more generous by the week. The March 29 sanction had required Credit Reports (CRs) from all other banks dealing with the borrower company/group. (The 18-bank consortium of lenders to Kingfisher Airlines includes 14 public sector banks). This was to certify “satisfactory dealings with respective banks prior to disbursement” of the loan. By April 21, the CR was to certify “satisfactory dealings” of group companies “other than Kingfisher Airlines” with the banks, prior to loan disbursement. The new letter sanctioned a further Rs. 50 crore loan beyond the original one of Rs. 100 crore.
On May 11, the bank further amended the sanction terms. Now the borrower was only required to obtain the credit report “within 90 days from 1st disbursement.” Likewise, the borrower was given 90 days after first disbursement to produce No-Objection Certificates (NOCs) from all other banks dealing with the Group “in respect of existing working capital and Term Loan lenders.”
In other words, alleged a BoM whistleblower: “We give them money before they fulfil any loan conditions. And the Rs. 50 crore looks like a hand-out to pay off the money earlier owed. This may not end at Rs. 150 crore. There might be further loans soon.”
The April 21 sanction letter stressed that the Rs. 150 crore “should not be utilised for extending loans to subsidiary companies / associates or for making inter-corporate deposits.” It sought a ‘suitable undertaking’ from the company to this effect. “They were still worrying about diversions to Kingfisher,” says a bank official. They soon stopped worrying. By May 11, this condition was: “Waived.”
In April, the borrower was forbidden from effecting “any change in their capital structure” without “prior approval of the bank in writing.” They were not to undertake mergers, new projects or expansion without the bank’s consent. By May 11, the company was merely required to “keep the bank informed in writing” of any such changes. The Bank’s consent was no longer needed.
Replying to a questionnaire from The Hindu, a UB Group spokesperson said that “BoM sanctioned a loan of Rs 150 crores on terms and conditions comparable to loans taken by United Spirits Ltd from other nationalised banks after due negotiations.” The reply confirms that the drive involves other banks, too, (see box). Such as the Punjab National Bank. The spokesperson claimed the “sacrifice amount” made by the Bank of Maharashtra was no more than Rs. 17.43 crores and part of a legitimate one-time settlement.
Most importantly, the UB Group Spokesperson asserted that: “USL does not follow any practice of inter-company funds diversion. In particular, USL has not lent any funds whatsoever to Kingfisher Airlines.” Why, then, has Bank of Maharashtra exempted Kingfisher airlines while seeking proof of “satisfactory dealings” of group companies? The Bank’s Law Officer pleads “confidentiality and secrecy.”
“This isn’t about just one but many public sector banks, involving hundreds of crores — more public money than we know about,” says the Bank of Maharashtra whistleblower. “On the one hand, media reports speak of lenders turning the screws on Kingfisher. On the other, UB Group companies seem to be able to get money, perhaps even from the same lenders, on terms defaulters can’t get. The total amount could be startlingly large - as also the risks involved for the banks.”
“The Bank of Maharashtra has lakhs of farmers, working people and retired employees amongst its depositors,” the whistleblower added. “We are called the common man’s bank. The farmers — routinely blamed for our NPAs — today struggle to get tiny amounts as loans. But big corporations like UB get hundreds of crores in weeks in a manner most risky to the bank. And these kinds of deals won’t figure in our discussions of NPAs.”

HC can names arbitrator to avoid tie



M J Antony / BS /New Delhi Jul 02, 2012, 00:51 IST

The Supreme Court has ruled that a high court has the power to appoint an arbitrator in a dispute between two parties if one of them refuses to name an arbitrator according to the contract. If a party is aggrieved by the refusal of the other party to nominate the arbitrator, he can move the court and then the other party cannot object to the court appointing an arbitrator under the Arbitration and Conciliation Act. In this case, Hindustan Petroleum Corporation vs Vijay HP Filling Centre, the oil company terminated its contract with the dealer. The latter invoked the arbitration clause and asked HP to name the arbitrator. It did not. So the dealer moved the Punjab and Haryana High Court. It appointed a district judge as arbitrator. HP appealed against that order to the Supreme Court. It upheld the view of the high court and named one of the retired judge of the Supreme Court as the arbitrator.

Interest on solatium
The land owner whose property has been acquired under the Land Acquisition Act is entitled to interest on the solatium granted, the Supreme Court has held in the judgment, Chhanga Singh vs Union of India. Compensation was awarded in 1986, after assessing the market value of the land. When the owner moved the executing court for higher compensation, it raised the value of the land and also awarded solatium. But interest on it was not awarded. The owner moved the court again, but his plea was rejected. The high court also dismissed his appeal. But on further appeal to the Supreme Court, it allowed interest on solatium, following earlier constitution bench judgments on this question.

Order to remove drug trade mark
The Delhi High Court has dismissed the appeal of United Biotech Ltd against the order of the Intellectual Property Appellate Board in its trade mark dispute with Orchid Chemicals and Pharmaceuticals Ltd. United Biotech had a medicine called Forzid while Orchid had one named Orzid.The latter company moved the board complaining that the names were similar and likely to confuse the public. The board allowed the rectification application and directed the Registrar of Trade Marks to remove the trade mark Forzid from the register. It held that Forzid was deceptively similar to the earlier trade mark Orzid in respect of some pharmaceutical products. Further, it ruled that a trade mark cannot be registered if it is of such nature as to deceive the public or cause confusion or it is similar to an earlier trade mark and goods covered by the trade mark. The division bench of the high court upheld this view.

DRT can regulate own procedure
The Bombay High Court has stated that the Debt Recovery Tribunal is not bound by the procedure laid down in the Code of Civil Procedure (CPC) and has the power to regulate its own procedure. The tribunal, under the scheme of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, has the power under the CPC and it can even travel beyond it, provided natural justice is observed, the high court stated in its judgment in the case, Manik Engineering Ltd vs State Bank of India. The bank started recovery proceedings in 1986 in the high court. Later the tribunal was set up and the suit was transferred to it. The debtors argued that they were not aware of it as they were not served notice by the tribunal and the newspaper publication by the bank was not known to them. Therefore, it was argued that the tribunal did not follow the CPC provisions. Rejecting this argument, the high court emphasized that the Act was meant to speed up recovery of debts and therefore the tribunal was conferred special powers. If the tribunal is not able to conclude proceedings expeditiously, the purpose of the law itself will be defeated, the court emphasized while dismissing the petition.

Patent on water filter revoked
The Intellectual Property Appellate Board has revoked the patent granted by the Controller of Patents and Designs to Hindustan Unilever Ltd for a filter device for cleaning water, claiming to improve the performance of “filter cartridges in achieving controlled constant flow rate with effective filtration even after extended application.” The board passed the order on an application by Tata Chemicals Ltd. The latter company intervened claiming that the product of Unilever was not novel. Tata Chemicals stated that it has an Innovation Centre in Pune which is working on water purification methods. The company has recently released in the market a unique and cheap water purifier which requires no energy or running water to operate. The board ruled that “the invention is not new, nor is there any inventive step.”



Friday, July 6, 2012

Banks give Kingfisher 15 days to come up with revival plan


Bankers have decided to sell non-core assets of Kingfisher Airlines that include Kingfisher House in Mumbai and a villa in Goa belonging to Mr Vijay Mallya.
Bankers have decided to sell non-core assets of Kingfisher Airlines that include Kingfisher House in Mumbai and a villa in Goa belonging to Mr Vijay Mallya.

BL :Nivedita ganguly :MUMBAI, JULY 5: 2012

Banks have told Kingfisher Airlines to come up with a concrete action plan to improve its 
operations within a fortnight. Currently, the private carrier’s operations are hobbled. Its fleet 
strength has dropped to 13 from 64 last November.

Bankers say that given its current fleet strength and truncated operations schedule, the 
beleaguered airline cannot be turned around.With the debt-laden airline reportedly defaulting 
on lease rentals of over Rs 1,000 crore, lessors recently repossessed 34 aircraft.


While the airline promoter is banking on the proposed liberalisation in foreign direct investment 
in the aviation sector, bankers’ patience appears to be wearing thin. Debtor-creditor meetings 
held so far have not yielded any result.

SMALL DENT IN DEBT

The airline has been asked to put non-core assets — Kingfisher House in Mumbai and the 
promoter’s villa in Goa — on the block. This will lighten its debt burden, but only a tad.

Pointing out that the airline’s assets will barely cover 10 per cent of the Rs 7,000 crore,it owes 
a consortium of 17 banks, a senior public sector bank official said if banks precipitate action 
then the corporate guarantee and promoter guarantee for loans taken could be invoked.

However, the cash-strapped airline, in a statement, said the meeting with the consortium of 
bankers was scheduled as an “update meeting” and there was “no discussion on 
commencement of recovery proceedings”.

“Kingfisher House has been lying vacant after the staff moved to our new offices at The Qube in 
Mumbai, and even at that time, on our own accord, we approached the banks with a proposal 
to liquidate this unutilised asset. At today’s meeting, we raised the issue of this pending 
approval,” the KFA spokesperson said.

Kingfisher House was the airline’s corporate headquarters till it decided to put the building on 
the block to raise funds. The airline is planning to raise between Rs 90-100 crore selling this 
building.

MARKET SHARE

In late-September last year, Mr Vijay Mallya, Chairman of UB Group, said the company had 
moved into a new building in Mumbai and that Kingfisher House was redundant. “So, we will 
obviously look to sell it. Any initiative that we can take to reduce our debt is going to be 
pursued,” he had said then.

KFA saw its domestic market share fall from second to the last in just six months.

Global airline consultancy firm Centre for Asia Pacific Aviation (CAPA) estimates that 
Kingfisher Airlines has a funding requirement of close to $1 billion, of which $500-600 million is
 needed immediately. CAPA estimates an additional funding requirement of $300-400 million 
in the next fiscal.

Tuesday, July 3, 2012

ICICI Bank sells Rs 430-cr Kingfisher debt to Srei Infra


ICICI Bank has said it does not have any exposure to Kingfisher Airlines. The bank still holds 3 per cent stake in the airline.

With the turnaround plans for Kingfisher Airlines yet to take off, ICICI Bank has bailed out, selling its entire Rs 430-crore debt exposure in the airline.
The buyer is a debt fund managed by Srei Venture Capital Limited (SVCL), the fund management arm of Kolkata-based Srei Infrastructure Finance Ltd (SIFL).
In a statement, ICICI Bank said it has ‘recovered’ the entire debt exposure of Rs 430 crore to Kingfisher Airlines. India’s largest private sector bank, however, owns 2.07 per cent stake in the airline.
Adequate collateral
Bankers say when a debt fund or an asset reconstruction company buys a non-performing loan from a bank, the transaction is usually at a discount to the face value. In a statement, Srei Infrastructure said a debt fund managed by Srei Venture Capital has invested in Kingfisher Airlines’ debt.
“It (SVCL) has invested against good security with adequate collateral. The fund saw an opportunity in the securities and commensurate returns being offered by this proposal,” said Srei Infrastructure.
The airline, which has been impacted by rising cost of fuel and competition, has struggled to repay loans and interest to banks.
All efforts to recast the airline’s debt have come to a nought so far. The cash-strapped airline has not cleared all its dues to oil companies and airports and defaulted on payment of service tax and TDS to the government.
Banks, including State Bank of India, Punjab National Bank, Bank of Baroda, ICICI Bank, IDBI Bank, and Bank of India, have been grappling with a debt exposure aggregating Rs 7,000 crore.
SBI is the biggest stakeholder in KFA, holding 3.49 per cent. IDBI Bank has a 2.16 per cent stake and Bank of India 1.08 per cent. They acquired ownership in the airline following conversion of a part of their loan into equity. Bankers will meet tomorrow to take stock of the KFA recast proposal. Banks want the promoter and promoter group, who collectively own 35.86 per cent stake in the airline, to pump in fresh equity before seeking a loan lifeline.
KFA shares closed 0.75 per cent down at Rs 11.96 per share on the BSE against the previous close of Rs 12.05.

Monday, July 2, 2012

Dr.A.S.Pragasam V/S Indian Bank and ors -2055 days delay




IA 1586/2008 (Delay):
1.         This Interlocutory Application is filed seeking to condone the delay of 2055 days in filing the above appeal.

2.         The facts of the case may be stated in brief as follows:

The petitioner had availed a loan of Rs.32,00,000/- from the respondent bank for the production of a Tamil film titled “Mukkulathor”.  The said loan was sanctioned with an understanding that the loan would be repaid in one lump sum at the time of the release of the picture. Knowing fully well that in the matter of lending for cinema projects, repayment of the loan amount is not possible before the release of the picture, the respondent bank introduced a covenant that the loan should be repaid in one lump sum before the release of the picture or before six months from the date of the loan, whichever was earlier stating that the norms did require such a covenant.  The picture negatives of the said film are with Vijaya Color Laboratory and a charge had been created in favour of the respondent bank over the picture negatives of the said film and the same is entered in the Laboratories records as per trade practice.  The petitioner executed all the loan documents on 3.11.1995 but the respondent bank did not release the entire amount as agreed to and this had caused loss, hardship and mental agony to the petitioner.  Apart from the picture negatives of the film, the loan was further secured by equitable mortgage of the property of an extent of 5.28 acres situated at No.52, Allathur, Madura Pallathur Village, Saidapet Taluk, Chengalpet District.  The respondent bank which was keen on proceeding against the petitioner filed OA No.1132/2001 for the recovery of a sum of Rs.53,78,144/- on the file of DRT-II Chennai. The petitioner filed his written statement setting out the facts and raising various defences and had also requested for the statement of accounts, which were not furnished to him.  In the meanwhile the petitioner had to undergo a bye pass surgery and therefore he could not attend the court proceedings and was fully dependant on his counsel.  The Tribunal below without properly appreciating the facts of the case had allowed the OA as prayed for by order dated 4.10.2002.  The passing of the final order was not intimated by the erstwhile counsel to the petitioner and whenever he asked his counsel he was informed that the matter is being contested by other defendants and that the OA is pending and no damage would be caused to the petitioner’s interest.  While so, to the shock and surprise of the petitioner the petitioner received an order of attachment dated 27.6.2008 in DRC No.68/2008 from the Recovery Officer, DRT-I Chennai claiming a sum of Rs.1,20,93,722.24 and that in the event of default the house property would be brought for sale.  Therefore the petitioner contacted his erstwhile counsel who still maintained to say that the OA was pending.  The petitioner therefore appointed a new counsel and arranged for obtaining of the certified copies of the relevant documents and came to know of the passing of final orders in the OA.  The petitioner came to know about the passing of final orders in the OA only after engaging the present counsel and that in the said process a delay of 2055 days has been occasioned in filing the appeal.  It is stated that the petitioner is a heart patient having undergone a bye pass surgery and that he was fully dependant on his counsel for the court proceedings and the delay in filing the appeal in the said circumstances is neither willful nor wanton but due to the reasons stated above.  The petitioner has prayed that the delay of 2055 days in filing the above appeal be condoned.

3.         The petitioner has set out his contentions in detail in the affidavit filed in support of his contentions and the same forms part of record.

4.         The respondent bank filed its counter stating that the appellant availed secured overdraft facility by executing the necessary documents and also hypothecated the negative rights of his film “Mukkulathor”.  The facility was also secured by the personal guarantee of Mr. Lakshmana Reddiar and mortgage of immovable property at 44, Alathur, Madura Pallathur village, Saidapet Taluk, Chengalpet District belonging to him.  The appellant accepted the terms and conditions of the sanction and executed the loan documents and therefore he now cannot say that the bank insisted for a new covenant to be included in the agreement and that the amounts were released as per the terms of the agreement.  The petitioner defaulted in repayment and the bank was constrained to recall the advance and also had to file the OA for the recovery of its dues.  The bank has charged interest as per the terms of the sanction and as per the guidelines of Reserve Bank of India.  The bank had furnished the statement of accounts as and when the same were required by the appellant and the appellant had also been provided with a copy of the documents including the statement of accounts filed before the tribunal.  It is stated that the affidavit is silent with regard to the dates on which the petitioner suffered a heart ailment and the date of bye pass surgery and the date of recovery.  The petitioner being a litigant and a prudent man ought to have been more vigilant in conducting his case and he cannot blame his counsel.  It is stated that the petitioner would have received the copy of the final order dispatched by the tribunal and it is not true that he came to know of the proceedings only when he received the attachment order dated 27.6.2008 in DRC No.68/2007 and that the petitioner with an ulterior motive has not chosen to contest the matter and has not participated in the DRC proceedings.  It is stated that the petitioner was under the impression that the bank will proceed only against the mortgaged property for the realization of its dues and the same would be sufficient to liquidate the dues of the bank.  It is stated that the mortgaged property could fetch only Rs.15,30,000/- against the recovery initiated for a sum of Rs.1,20,92,722.24 and as the petitioner’s property was identified and attached he is now making all sorts of allegations and has now come before this Tribunal with this application. The petitioner has not explained the delay and the application of the petitioner lacks bonafides and is liable to be dismissed.

5.         The respondent bank has set out its contentions in detail in the counter filed by it and the same forms part of record.

6.         Ld Counsel appearing on behalf of the petitioner stated that the petitioner has approached the bank for a loan for taking a movie and that due to circumstances beyond the petitioner’s control the movie could not be completed.  Ld. Counsel further stated that the petitioner got into difficulties as the bank did not release the full amount and further that the bank failed to release the funds as per the requirement.  Ld. Counsel further stated that the reason for the delay has been properly explained in the affidavit filed in support of the petition and added that no prejudice would be caused to the bank if the delay is condoned and that on the other hand if the delay is not condoned the petitioner would be put to great hardship and suffering and prayed that the IA filed for the condonation of delay may be allowed.

7.         Ld. Counsel appearing on behalf of the respondent bank took this tribunal through the factual matrix of the case and also drew the attention of this tribunal to paragraphs 8, 9 and 10 of the affidavit filed in support of the petition and stated that the petitioner has simply blamed his counsel and that merely blaming the counsel would not be a satisfactory reason for the explanation of the delay that had occurred in filing the appeal.  Ld. Counsel further stated that the petition is misconceived and that it has been filed only for the purpose of dragging on the case.  Ld. Counsel further stated that neither the reason for not filing the appeal within the time has been explained nor the delay of 2055 days that had occurred in filing the appeal has also been explained. Ld. Counsel further stated that the petitioner failed to file the appeal within the time limit and chose not to challenge any of the actions of the Ld. Recovery officer but sprung to action the moment when he came to know about the attachment of his property.  Ld. Counsel added that the petitioner has filed this petition only to delay the recovery process through attachment and that there are no boanfides in the petition and prayed that this IA should be dismissed with exemplary costs.  Ld. Counsel added the non production of the medical certificate would clearly show that the petitioner’s illness has not been proved.  The Ld. Counsel stated that the IA warrants only a dismissal.

8.         Heard the Ld. Counsel for the Petitioner and the Ld. Counsel for the respondent bank.

9.         A reading of paragraph 9 and 10 of the affidavit filed in support of the petition reveals that the petitioner’s counsel who appeared for him in the OA proceedings did not inform about the development of the case more particularly about the disposal of the OA itself.  It is also revealed that only when the petitioner received the order of attachment passed by the Recovery Officer he had come to know that the OA filed by the bank had been allowed against him and that his erstwhile counsel did not inform him and that he had to engage another counsel for the present proceedings.  It can be seen that the failure on the part of the Advocate to inform the petitioner about the development of the case and ultimately the allowing of the OA cannot at all be a reason for the condonation of the delay of 2055 days.  The plea of the petitioner that he was unwell and that he had undergone bye pass surgery cannot explain the delay of 2055 days i.e., nearly a period of 5½ years.

10.       Therefore from the fact that the failure on the part of the petitioner’s counsel to inform the petitioner about the OA proceedings and the petitioner’s heart ailment cannot explain the delay of a period of more than 5½ years this Tribunal is driven to conclude that the petitioner has failed to show that he was prevented by sufficient cause from filing this appeal within the time prescribed under law and that the delay of 2055 days thereafter has also not been properly explained and such being the case this Tribunal is drive to pass the following order:

“This petition is dismissed”


This Odrer was delivered by THE HON'BLE CHAIRPERSON of DRAT, Chennai ON 02/07/2012  

Saturday, June 30, 2012

Sri Chandru vs K.Nagarajan on 12 March, 2012


















Madras High Court
Sri Chandru vs K.Nagarajan on 12 March, 2012
DATED : 12.03.2012
CORAM :
THE HONOURABLE Mrs.JUSTICE R.BANUMATHI
and
THE HONOURABLE Mrs.JUSTICE S.VIMALA
A.S.NO.277 OF 2008
1.Sri Chandru
2.S.Chitra ... Appellants
Vs.
1.K.Nagarajan
2.N.Logammal
3.Jaysatya
4.N.Prabhu
5.The General Manager,
Canara Bank Main Branch
Salem-1. .... Respondents
Prayer: Appeal Suit filed under Section 96 of Civil Procedure Code against the judgment and decree dated 30.10.2007 made in O.S.No.37 of 2006 on the file of Additional District Court cum Fast Track Court No.I, Erode.
For Appellants : Mr.R.Veeramani
For Respondents : Mr.S.Lakshminarayanan
for
RR.1 to 4
(Legal Aid)
Mr.S.Pandurangan
for
Respondent No.5
J U D G M E N T
R.BANUMATHI,J.
Being aggrieved by the dismissal of their suit for partition O.S.No.37 of 2006, unsuccessful plaintiffs have preferred this appeal. For convenience, the parties are referred as per their array in the Original Suit.
2. The plaintiffs and defendants 3 and 4 are the sons and daughters of defendants 1 and 2. Defendants 1 and 2 have been doing textile business in the name and style of M/s.Sri Ashtalakshmi Tex at Door No.59, Pulikuthi main road, Gugai, Salem. Each of defendants 1 and 2 are the sole proprietors of the said proprietary concerns. Both defendants 1 and 2 have availed financial assistance for their business concerns for which defendants 1 and 2 have mortgaged their properties viz., suit item Nos. 2 to 7 in favour of 5th defendant Bank by creating an equitable mortgage in respect of the said properties. By virtue of creation of equitable mortgage by defendants 1 and 2, 5th defendant Bank is having secured interest in suit Item Nos.2 to 7 properties. The loan accounts of defendants 1 and 2 were not regular as per their repayment schedule stipulated in the loan and security documents. Amount of Rs.10,62,402.31 and Rs.12,87,875.75ps were stated to be due from the defendants 1 and 2. Since the defendants 1 and 2 have failed and neglected to repay the loan amount, 5th defendant Bank had sent demand notice to defendants 1 and 2 under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, "SARFAESI Act"). The 5th defendant had also taken possession of the properties by exercising its power conferred under Section 13(4) of the Act.
3. At that stage, plaintiffs, who are the son and daughter of defendants 1 and 2, have filed the suit for partition. Case of plaintiffs is that the 1st defendant continued family business of his ancestors. The 2nd defendant mother hailed from a poor family and she has no means or money to purchase the suit items 2 to 6 out of her own money. Suit Item Nos.2 to 6 were purchased from out of the income earned in the family business and purchased in the name of defendants 1 and 2. Though the property had been purchased in the name of 2nd defendant, it had been intended to be purchased for the family and treated as joint family properties and the same had been enjoyed in common. Further case of plaintiffs is that they demanded for partition and separate possession of the suit properties in the year 1995 and several times subsequently and Defendants 1 and 2 were evading. The properties are joint family properties and each of the plaintiffs and defendants 1, 3 and 4 are entitled to 1/5th share each. Stating that defendants 1 and 2 have no right to deal with the shares of the plaintiffs or other members of the joint family, plaintiffs have filed the suit for partition to divide the suit properties into five equal shares and allot one such share to each of the plaintiffs.
4. In the trial Court, defendants 1 to 4 remained exparte. The 5th defendant Bank filed the written statement contending as follows:-
As per Section 34 of SARFAESI Act, Civil Court has no jurisdiction to entertain the suit. If at all the plaintiffs are aggrieved by the action taken by the 5th defendant Bank under Section 13 of SARFAESI Act, the plaintiffs have to prefer an appeal before Debts Recovery Tribunal as contemplated under Section 17 of the Act, where the appeal shall be entertained only after payment of necessary court fees. Only in order to circumvent the statutory provisions, the defendants 1 and 2 have set up the plaintiffs to file the suit before the Civil Court, which is not having the jurisdiction to entertain and try the suit. The Bank further averred that the suit properties items 2 to 7 are self acquired properties of defendants 1 and 2 and that they are absolute owners of the properties and they are having all rights of alienation in respect of the properties. The plaintiffs have good locus standi to question the legality of the mortgage created by defendants 1 and 2 and the equitable mortgage is a valid one. The sole intention of the plaintiffs is to defeat the lawful claim of the 5th defendant.
5. On the above pleadings, in the trial Court, four issues were framed. On behalf of the plaintiffs, the 1st plaintiff was examined as P.W.1 and Exs.A.1 to A.6 were were marked. Onbehalf of the Defendant Bank, the official of Bank was examined as D.W.1 and Exs.B.1 to B.4 were marked.
6. On the question of jurisdiction (Issue No.1), the trial Court held that the suit properties are situated in Attayampatti village; the plaintiffs have not challenged any of the measures taken under Section 13 of the SARFAESI Act and that there is no bar for entertaining the suit. On other issues, the trial Court held that the plaintiffs have not produced any documents to prove their case that the suit properties are the ancestral properties. Referring to Exs.A.1 to A.6 sale deeds, trial Court further held that the suit properties are self acquired properties of defendants 1 and 2. Pointing out that the loan was borrowed by the defendants 1 and 2 for their textile business, the trial Court held that the mortgage is binding upon the plaintiffs and only to avoid paying mortgage debt, the plaintiffs have filed the suit for partition. On those findings, the trial Court dismissed the suit for partition.
7. Being aggrieved by the dismissal of the suit, plaintiffs have preferred this appeal. Learned counsel for appellants/plaintiffs contended that the appellants cannot be deprived of their legitimate share in item No.1 and other properties. It was further submitted that jurisdiction of Debt Recovery Tribunal is restricted only to any of the measures taken under Section 13 of SARFAESI Act and the Debt Recovery Tribunal cannot go into the question of Plaintiffs' shares. It was further submitted that the litigants/ plaintiffs are having genuine grievance of civil nature and have a right to institute the Civil Suit. In so far as the claim of share it was submitted that the 2nd defendant had no independent source of income and therefore all the items of suit properties are to be construed as the joint family properties and defendants 1 and 2 have no right to deal with the shares of the plaintiffs or other members of the family.
8. Defendants 1 to 4 have not entered appearance. On behalf of defendants 1 to 4, we have heard Mr.S.Lakshminarayanan, who was appointed as counsel through Legal Aid. We have heard Mr.S.Pandurangan, learned counsel appearing for the 5th defendant Bank.
9. The learned counsel for 5th defendant Bank has submitted that the suit is a collusive suit between the plaintiffs and defendants 1 to 4. In view of the specific bar under Section 34 of SARFAESI Act and Section 18 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (in short, RDDB Act ), Civil Suit is not maintainable. It was submitted that Section 13(2) notice was issued and possession was also taken and thereafter it was found that the secured property is an agricultural land and therefore the measures taken under Section 13 of SARFAESI Act was withdrawn and 5th defendant Bank had filed its claim before Debt Recovery Tribunal, Madurai in O.A.No.117 of 2008 for recovery of the amount.
10. We have carefully gone through the plaint pleadings, materials on record, impugned judgment and the rival contentions. The following points arise for determination in this appeal:
1. In view of bar under Section 34 of SARFAESI Act, whether the Civil Suit is barred?
2. Whether the suit property is proved to be joint family property and whether the plaintiffs are entitled to the decree for partition in respect of their shares?
3. To what relief, the parties are entitled to?
11. Point No.1:- Demand notices (dated 3.9.2004) Exs.B.3 and B.4 were sent by the 5th defendant Bank under Section 13(2) of the SARFAESI Act to defendants 1 and 2. The 5th defendant had also taken possession of items 2 to 7 properties by virtue of power conferred under Section 13(4) of the Act. After the Bank had taken measures under Section 13 of SARFAESI Act, the plaintiffs filed the suit for partition. In the trial Court, the 5th defendant Bank raised objection that in view of the express bar under Section 34 of the SARFAESI Act, Civil Court has no jurisdiction. The trial Court did not elaborately go into the question regarding maintainability of the suit. In its cryptic findings, the trial Court held that the suit is maintainable on two grounds; (i) suit properties are situated in Erode; (ii) the 2nd plaintiff, defendants 1, 2 and 4 are residing in Erode; and (iii) the plaintiffs are not parties in the SARFAESI proceedings then pending before Debt Recovery Tribunal.
12. Placing reliance upon decisions in (i) INDUSTRIAL INVESTMENT BANK OF INDIA LIMITED VS. MARSHAL'S POWER & TELECOM (I) LTD. AND ANOTHER ((2007) 1 SCC 106); (ii) V.THULASI VS. INDIAN OVERSEAS BANK (2011 (3) CTC 801), in which one of us (R.Banumathi,J.) was a member; and (iii) PUNJAB NATIONAL BANK VS,. J.SAMSATH BEEVI AND 3 OTHERS, (2010(3) CTC 310), learned counsel for 5th defendant Bank would submit that in view of the specific bar under Section 34 of SARFAESI Act and Section 18 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (in short, RDDB Act ), Civil Suit is not maintainable.
13. In terms of Section 34 of SARFAESI Act, jurisdiction of the Civil Court is barred. Section 34 of the SARFAESI Act reads as under:
34. Civil Court not to have jurisdiction - No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993).
14. As per Section 34, the bar of jurisdiction is two fold:
"(i) no Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a DRT or the Appellate Tribunal is empowered by or under the Act; (ii) No injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any order conferred under the Act or under the RDDB Act."
15. Under Section 17 of the SARFAESI Act, right of appeal is provided to any person including a borrower. Under the SARFAESI Act, only one appeal has been provided i.e., against measures taken under Section 13(4). A careful reading of Section 13(4) shows that Section 13(4) embodies various modes of recovery of the secured debts of the secured creditor. If any one including the borrower feels aggrieved by the mode of recovery, which a secured creditor may adopt, he has a right to prefer an appeal in terms of Section 13.
16. Placing reliance upon a judgment of single judge of this Court in the case of ARASA KUMAR AND ANOTHER VS. NALLAMMAL AND OTHERS, (2004(4) CTC 261), learned counsel for appellants/plaintiffs contended that bar created under Section 34 is not absolute and is subject to restrictions. It was submitted that parties, who claim the property, which is subject matter of mortgage in favour of Bank, can approach the Civil Court, if their grievance claiming share cannot be redressed by the Tribunal. The learned counsel would further submit that the plaintiffs' claim for partition of joint family property would not fall within the meaning of any of the measures taken under Section 13(4) and therefore the suit is well maintainable.
17. In NAHAR INDUSTRIAL ENTERPRISES LTD. VS. HONG KONG AND SHANGHAI BANKING CORPORATION, 2009 (4) CTC 74 = (2009) 8 SCC 646, the Honourable Supreme Court considered the question of exclusion of jurisdiction and matters pertaining to DRT and the scope of Sections 17 and 18 of RDDB Act. Referring to DHULABHAI VS. STATE OF MADHYA PRADESH, (AIR 1969 SC 78), and other cases, the Supreme Court in the above said judgment held as under: "105. The Civil Court indisputably has the jurisdiction to try a suit. If the suit is vexatious or otherwise not maintainable action can be taken in respect thereof in terms of the Code. But if all suits filed in the Civil Courts, whether inextricably connected with the application filed before the DRT by the banks and financial institutions are transferred, the same would amount to ousting the jurisdiction of the Civil Courts indirectly. Suits filed by the debtor may or may not be counter claims to the claims filed by banks or financial institutions but for that purpose consent of the Plaintiff is necessary.
106. It is furthermore difficult to accept the contentions of the Respondents that the statutory provisions contained in Section 17 and 18 of the DRT Act have ousted the jurisdiction of the civil court as the said provisions clearly state that the jurisdiction of the civil court is barred in relation only to applications from banks and financial institutions for recovery of debts due to such banks and financial institutions. ....
108. Although some arguments have been advanced before us whether having regard to the provisions of Sections 17 and 18 of the Act the civil court jurisdiction is completely ousted, we are of the view that the jurisdiction of the civil court would be ousted only in respect of the matters contained in Section 18 which has a direct co-relation with Section 17 thereof, that is to say that the matter must relate to a debt payable to a bank or a financial institution. The application before the Tribunal would lie only at the instance of the bank or the financial institution for the recovery of its debt. It must further be noted in this respect that had the jurisdiction of the civil courts been barred in respect of counterclaim also, the statute would have said so and Sections 17 and 18 would have been amended to introduce the provision of counterclaim. ....
117. The Act, although, was enacted for a specific purpose but having regard to the exclusion of jurisdiction expressly provided for in Sections 17 and 18 of the Act, it is difficult to hold that a civil court's jurisdiction is completely ousted....
118. The liabilities and rights of the parties have not been created under the Act. Only a new forum has been created. The banks and the financial institutions cannot approach the Tribunal unless the debt has become due. In such a contingency, indisputably a civil suit would lie. There is a possibility that the debtor may file preemptive suits and obtain orders of injunction, but the same alone, in our opinion, by itself cannot be held to be a ground to completely oust the jurisdiction of the civil court in the teeth of Section 9 of the Code. Recourse to the other provisions of the Code will have to be resorted to for redressal of his individual grievances.
18. The question of maintainability of civil suit for partition is to be considered in the light of the above decision of the Supreme Court. The suit properties were mortgaged in favour of the Bank. On 3.9.2004, Exs.B.3 and B.4 - Section 13 (2) notices were issued to defendants 1 and 2. The 5th defendant Bank had taken possession of item Nos.2 to 7 exercising its power under Section 13(4) of the Act.
19. As per Section 31, the provisions of SARFAESI Act are not to apply in certain cases. As per Section 31(i), provisions of the Act shall not apply to security interest created in agricultural land. On coming to know that the security interest has been created in agricultural land, the 5th defendant Bank had withdrawn the measures taken under Section 13 of the Act and proceeded to file its claim in O.A.No.117 of 2008 before Debt Recovery Tribunal, Madurai. Section 18 of RDDB Act also contains express bar of ouster of jurisdiction of the Civil Court. It is for enforcement of its secured interest the Bank had taken steps and that right remains in tact even in a suit for partition.
20. Power under Section 34 of SARFAESI Act is not absolute and is subject to restrictions. They are:- (1) that parties who filed suit must be party to liabilities created in favour of secured creditors, (2) disputes between parties could be resolved under provisions of Act itself; (3) if claim made by parties is outside jurisdiction of Debt Recovery Tribunal or Appellate tribunal thereto or any action taken or to be taken under the Act and also under Recovery of Debt due to Banks and Financial Institutions Act, 1993 and disputes raised by parties cannot be adjudicated by Tribunal or Authority created under Act.
21. As per the ratio laid down by the Supreme Court in NAHAR INDUSTRIAL ENTERPRISES LTD. VS. HONG KONG AND SHANGHAI BANKING CORPORATION, 2009 (4) CTC 74 = (2009) 8 SCC 646, recourse to other provisions of the Code will have to be made for redressal of individual grievance. For redressal of individual grievances, they have to approach only Civil Courts. When such Civil suits are filed, Courts are to be cautious about astute drafting of plaint. Courts have a duty to see that whether the plaint allegations are made by trying to bring Civil Suit within the parameters laid down by the Supreme Court in Mardia Chemicals Ltd. vs. Union of India, case (2004(2) CTC 759 (SC) and under the pretext of seeking redressal of individual grievance.
22. Observing that Courts have a greater duty to see that the allegations of fraud are made just for the purpose of maintaining a Civil Suit and categorising such civil suits filed challenging SARFAESI Act in 3 or 4 categories, in Punjab National Bank vs. J.Samsath Beevi, (2010(3) CTC 310)), V.Ramasubramanian,J., held as under:
8. But at the same time, the Court has a duty to see, if such allegations of fraud are thrown, just for the purpose of maintaining a suit and ousting the jurisdiction of the Tribunal and to keep the Banks and Financial Institutions at bay. If by clever drafting, the plaintiff creates an illusion of a cause of action, the Court is duty bound to nip it in the bud. To find out if it is just a case of clever drafting, the Court has to read the plaint, not formally, but in a meaningful manner. So is the dictum of the Apex Court in T.Arivandandam vs. T.V.Satyapal {1977 (4) SCC 467}. It was again reiterated by the Court in I.T.C. Ltd vs. Debts Recovery Appellate Tribunal {1998 (2) SCC 70}, by holding that clever drafting, creating illusions of cause of action are not permitted in law. The ritual of repeating a word or creation of an illusion in the plaint can certainly be unravelled and exposed by the Court while dealing with an application under Order VII, Rule 11(a).
9. A Court is obliged to see if the allegations of fraud and collusion made in the plaint, are themselves a product of "fraud and collusion" between the family members of the borrowers, so as to escape liability and save the secured assets, somehow or the other. In the recent past, there is a sudden spurt in the number of civil cases filed against the actions initiated by Banks and Financial Institutions, either under the 1993 Act or under the SARFAESI Act, 2002. All these cases fall under 3 or 4 categories viz., (i) cases filed by strangers claiming that their properties are brought to sale on the basis of forged documents or certified copies of documents submitted by borrowers to banks (ii) cases filed by guarantors claiming that they never signed letters of guarantee or offered their properties as securities
(iii) cases filed by close relatives of borrowers such as spouses, children, brothers and sisters, claiming that they have a share in the properties mortgaged by the borrowers and that they were never aware of and they never gave consent to the properties being offered as securities and (iv) cases filed by third parties claiming that the properties were sold to them by the borrowers or guarantors by suppressing the creation of the mortgage and that they are bona fide purchasers for value without notice of the encumbrances.
10. It is not very difficult for a seasoned litigant or an intelligent lawyer to draft the plaint in such a manner as to make a secured asset, come within anyone of the above 4 categories, by a clever drafting of the plaint, thereby creating an illusion of fraud, collusion, misrepresentation and the like. Today, with the advancement of technology, the creation of an illusion and the creation of a virtual world are both possible. The moment the civil suit is taken on file, the proceedings before the Debts Recovery Tribunal or under the SARFAESI Act, 2002, gets slowed down. This results in two consequences viz., (i) out of frustration, the banks agree for one time settlements or (ii) third party rights get created by taking advantage of the situation. Therefore, the Courts have a greater responsibility to scan the pleadings and see if the allegations of fraud and collusion made in the plaint are actually a product of fraud and collusion between the borrowers and those making such claims.
23. Courts have a duty to see whether genuine grounds have been made out to attract the jurisdiction of the Civil Court. No generalisation could be made as to when a Civil Suit is maintainable or when the jurisdiction of the Civil Court is ousted. In the facts and circumstances of each case, it is to be examined whether there is genuine grievance to be redressed in the Civil Court. In V.THULASI VS. INDIAN OVERSEAS BANK, (2011(3) CTC 801), this Court held that the suit is specifically barred under Section 34 of the Act and the plaint is liable to be rejected.
24. In the case on hand, the plaintiffs are son and daughter of the borrowers. Case of plaintiffs is that without their knowledge, the properties were mortgaged. Admittedly, defendants 1 and 2 are carrying on textile business and they have availed financial assistance from the bank only for their textile business. The properties, being the self-acquired properties of the 2nd defendant, were offered as security for availing financial assistance. At the time of taking loan, the plaintiffs, being young age, there would have been no occasion to take their consent for offering the property as securities. It is in this context the Court has to analyse the plaint averments.
25. As pointed out earlier, in the present case, the trial Court did not elaborately go into the question of jurisdiction, but proceeded with the matter on the footing held that the suit is maintainable. Therefore, without elaborating any further, we need to consider the appeal on the footing that the Civil Suit is maintainable.
26. Point No.2:- As pointed out earlier, in 1998, the parents of the plaintiff borrowed the amount from 5th defendant Bank for their textile business and with an intention to create security by way of equitable mortgage,they have deposited the title deeds of the suit properties 2 to 7. Case of plaintiffs is that the suit properties are joint family properties and that their mother - 2nd defendant did not have any independent source of income and that the suit properties Items 2 to 7 were purchased only from out of the income of the joint family.
27. The plaintiffs have not produced any documents to show that the suit properties are their joint family properties. By perusal of the evidence and materials on record, the details of the properties purchased are as under:- Sale Deed/ Settlement deed
Extent and S.No.
Suit Property Item Number
Ex.A.1 dated 28.4.1986 in favour of 2nd Defendant
1400 Sq.ft. (plot No.17) in S.No.22/8
3
Ex.A.2 dated 9.12.1991 in favour of Nityanandam
1400 Sq.ft. in
S.No.39/2C4
5
Ex.A.3 dated 14.9.1992 in favour of 2nd Defendant
1890 Sq.ft in S.No.39/2C4
4
Ex.A.4 dated 12.3.1993 in favour of 2nd defendant
747 = sq.ft. in S.No.25/4
2
Ex.A.5 dated 17.11.1995 in favour of 2nd defendant
2100 Sq.ft. in
S.No.39/2C4
6
Ex.A.6 settlement deed in favour of 1st defendant
4235 sq.ft. in S.Nos.22/2, 22/4 and 22/5 (Plot Nos.10, 11and 12)
7
Exs.A.1 and A.3 to A.5 would clearly show that the properties were purchased by the 2nd defendant. Under Ex.A.6- settlement deed, dated 2.6.1998, the 2nd defendant had settled the property of 4235 sq.ft. in Survey Nos.22/2, 22/4 and 22/5 (Plot Nos.10,11 and 12), which is item No.7 in suit property, in favour of her husband by settlement deed.
28. Case of plaintiffs is that the acquisitions were made from out of the income from ancestral property/joint family property. To prove that the suit properties are joint family properties, the plaintiffs are to adduce evidence as to existence of nucleus. The mere existence of nucleus alone is not enough to hold that the acquisitions were made utilising the income from nucleus. Absolutely, there is no evidence as to the existence of nucleus and what was the income derived from such nucleus. Onbehalf of the plaintiffs, it was submitted that the plaintiffs cannot be deprived of their share in item No.1. By perusal of the description of the suit properties, it is seen that item No.1 is only the house site and house thereon. In the absence of any proof regarding nucleus or the income of the joint family and in the absence of any evidence, the contention of the plaintiffs that the suit properties are the joint acquisitions does not merit acceptance.
29. As discussed earlier, suit properties Item Nos. 2 to 6 are purchased in the name of family member - 2nd defendant. When the properties are purchased in the name of family member of a Hindu family, there is no presumption that those properties are purchased from out of the joint family income. This is all the more so, when no evidence was adduced as to the existence of joint family property and the income derived therefrom. When the properties acquired by the 2nd defendant are the self acquisitions of defendants 1 and 2, the 2nd defendant has also independent power of mortgage, sale or other alienations.
30. Case of plaintiffs is that they demanded partition and separate possession from the year 1995. At the time of filing suit in 2008, the plaintiffs are aged 27 and 32 years respectively i.e., the plaintiffs were born in 1981 and 1975 respectively. While so, it is quite unbelievable that the 1st plaintiff even at the age of 14 and second plaintiff - daughter at the age of 20 would have demanded partition from their parents. There is also no evidence to show under what circumstances the plaintiffs were so compelled to demand for partition at such an young age.
31. Let us assume that the suit properties are the joint family properties. The loan was borrowed by defendants 1 and 2 for their textile business. The 1st defendant, being the father, has power to deal with the properties by creating security by way of equitable mortgage for business/family necessity. The 1st defendant, being the Manager/kartha of the family, represents all the family members in all transactions. When the Bank loan was obtained for the benefit of the family/business purposes, the security created is binding on the plaintiffs and defendants 3 and 4.
32. As held by the trial Court, the suit appears to have been filed only to delay/evade the repayment of the loan amount to the 5th defendant Bank. Upon appreciation of oral and documentary evidence,the trial Court rightly held that the plaintiffs are not entitled to the relief of partition. We do not find any reason warranting interference with the findings of the trial Court.
33. In the result, the appeal is dismissed. However, there is no order as to costs.
(R.B.I., J.) (S.V., J.)
Index: Yes 12.03.2012
Internet: Yes
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To
The Addl. District and Sessions Judge,
-cum- Fast Track Court No.I, Erode.
R.BANUMATHI, J.
and
S.VIMALA,J.
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Pre-Delivery
Judgment in
A.S.No.277 of 2008
12.03.2012