9911796707
TMI Blog2012 (4) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... trenuous steps to pursue this court to accept her plea, we are unable to accept the same for the simple reason that the goods which are taken by the first respondent/Bank are not the subject matter of the security - It is not the case of the petitioner that the petitioner voluntarily given possession of these goods to the bank so as to enable the bank to keep it and the bank has taken steps without even giving notice to the petitioner, who is not liable to pay any amount in respect of the borrowal - Decided in favor of the petitioner - W.P. No. 15961 of 2011 - - - Dated:- 3-1-2012 - P. Jyothimani and M. Duraiswamy, JJ. K. Kumaresh Babu and K. Surendar for the Petitioner. Ms. Ananda Gomathy Sivakumar and V.T. Narendran for the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the petitioner was brake opened and the goods were taken to the custody of the first respondent/Bank. It is, at that stage, invoking the powers under SARFAESI Act, the first respondent/Bank has issued the impugned notification brining the movables for sale. The present writ petition is filed challenging the said notification. 4. The impugned challenges is on the ground that when the movables, which are the subject matter of the impugned notification, are not the subject matter of security for the payment of loan obtained from the first respondent by the second respondent and when the petitioner has never stood as a guarantor for the payment of the amount availed by Samsen Papli from the first respondent/Bank, there is absolutely no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk." 6. It is also seen in the counter affidavit that the following charges are claimed by the first respondent/Bank against the petitioner as a matter of reimbursement, which are as follows: ( i ) Charges towards Security Guard : Rs.1,09,200/- ( ii ) Paper Publication Charges : Rs. 2,050/- ( iii ) Paper Publication chargs : Rs. 6,050/- ( iv ) Building rent (Rs.3000 x 6 months) : Rs.18,000/- ( v ) Insurance Premium amount : Rs.803/- ( vii ) Legal charges and lawyer fees : Rs. 2,500/- Total : Rs.1,38,803/- 7. The learned counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods belonging to the petitioner were given as a security for repayment. In such circumstances, taking possession through court of law does not mean that the SARFAESI Act enables the first respondent/Bank to take possession lawfully. Therefore, the question of indemnifying the Bank for having kept the same on behalf of the petitioner does not arise. 9. According to us, the first respondent/Bank has no right to recover even if the amount stated to have been spent sought to be indemnified as per sections 13(7) and 13(10) of the SARFAESI Act which reads as follows: "Section 13(7) : Where any action has been taken against a borrower under the provisions of sub-section (4), all costs, charges and expenses which, in the opinion of the secure ..... X X X X Extracts X X X X X X X X Extracts X X X X
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