IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 OP.No. 36525 of 2001(W) ----------------------- PETITIONER: ------------ BHARAT PETROLEUM CORPORATION LTD., ERNAKULAM, REPRESENTED BY ITS TERRITORY MANAGER, IRUMPANAM P.O., COCHIN 682 309 BY ADV. SRI.N.N.SUGUNAPALAN,SC BPC LTD. RESPONDENTS: ------------- 1. DEBT RECOVERY TRIBUNAL, ERNAKULAM, REPRESENTED BY ITS REGISTRAR, KERALA HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 2. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM, PANAMPILLY NAGAR, ERNAKULAM. 3. INDIAN BANK, CHETPET BRANCH, CHENNAI, REPRESENTED BY ITS MANAGER. 4. M/S. LUKE ENTERPRISES REPRESENTED BY ITS PROPRIETOR, T.M. LUKE NO. 85, MEDAVAKKAM TANK ROAD, KELLEYS, CHENNAI 10 5. MRS. MARGERETTE LUKE, 239, 8TH CROSS STREET, T.P. CHATRAM,CHENNAI 10 R3 BY ADV. SRI.S.EASWARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/06/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 59725 OF 2001 IN OP 36525 OF 2001 DISMISSED 12.6.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE FOR AUCTION SALE ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE AFFIDAVIT AND IMPLEADING PETITION FILED BEFORE THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE JUDGMENT DATED 20.8.2001 IN OP 7418 OF 2000 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P5 TRUE COPY OF THE ORDER DATED 23.10.2001 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 36525 OF 2001 -------------------------------------------- Dated this the 12th day of June, 2008 JUDGMENT Heard senior counsel appearing for the petitioner and counsel appearing for third respondent. Respondents 4 and 5 borrowed substantial amount from the third respondent by mortgaging the property where the petrol pump is presently run by the petitioner's dealer. Petitioner claims only tenancy right in the mortgaged property which was created vide document of 1963. Under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976, petitioner could hold tenancy right for another 20 years which is already over. Even though suit, O.S.No. 372/90 was filed by the petitioner before the Munsiff's Court, Perumbavoor against borrowers for mandatory direction to renew the lease, the same was dismissed. Consequently petitioner is not entitled to continue possession of the property. Since the property is mortgaged for loan availed by the owners of the land, the second respondent is free to sell the property pursuant to certificate issued by the DRT. Counsel for the bank submitted that liability is around Rs. 2 35 lakhs and if the petitioner clears the liabilsity, the Bank is willing to assign the decree right in favour of the petitioner. Since senior counsel appearing for the petitioner submitted that petitioner being a Central Govt. agency will take some time for deciding the matter, I feel six weeks time can be granted . O.P. is accordingly disposed of directing the second respondent to withhold sale proceedings for six weeks from now. If petitioner does not arrange for settlement of liability by then, respondents 2 and 3 are free to proceed for sale of the property. Issue photocopy tomorrow itself. (C.N. RAMACHANDRAN NAIR) Judge kk 3