Petitioners, engaged in marine exports, faced SARFAESI actions from Indian Overseas Bank due to alleged defaults on substantial loan amounts; faced symbolic and physical possession notices on various properties, impacting business operations - [Paras 2-5].

Jurisdiction of Debts Recovery Tribunal under SARFAESI Act – Interpretation – Jurisdiction exercised in accordance with law and prior judgments of High Court – Tribunal found compliant with High Court directives, no significant procedural deviations observed – Petitioners' claims of Tribunal’s non-adherence to court directions unfounded. [Paras 7, 8, 16-18]

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) – Implementation and Compliance – Analysis of Tribunal's application of Section 14 – Tribunal considered and upheld the legality of steps taken under SARFAESI Act for possession of assets, refuting petitioners' claims of procedural lapses and legal errors. [Paras 10, 20-21]

Procedural and Mandatory Requirements under SARFAESI Act – Discussion – Tribunal properly applied statutory requirements, no infirmity in orders granting physical possession of secured assets – Challenge on basis of non-compliance with SARFAESI Act dismissed based on factual findings by Tribunal. [Paras 19, 20]

Decision – Dismissal of Petition – High Court finds no merit in petitioners' arguments against orders of Debts Recovery Tribunal – Tribunal's decisions upheld, emphasizing adequacy of statutory mechanisms in SARFAESI Act for redressal – High Court dismisses petition, affirming the applicability of alternative statutory remedies. [Para 26, 27]

Civil Law – Permanent Injunction – Appeals against First Appellate Court's decision granting injunction restraining recovery of Rs.24,000 and attachment of property – Respondent appointed as Sarbrah Lambardar and claimed regular deposits of irrigation dues – Trial Court dismissed the suit, citing dues of Rs.82,559.84 as per Khatauni Mal – First Appellate Court reversed, finding no evidence proving respondent collected and failed to deposit the dues – High Court upheld, emphasizing lack of substantial evidence from the appellants [Paras 1-10].

Evidentiary Standards – Khatauni Mal – Reliance solely on Khatauni Mal figures insufficient to establish dues – No corroborative evidence showing respondent's failure to deposit collected dues – Appellants failed to provide adequate oral or documentary proof [Paras 8-9].

Decision: Appeals dismissed – First Appellate Court's decree upheld – No merit in arguments presented, and no substantial evidence proving respondent's liability for dues [Para 10].
 

Assessment of Compensation and Future Prospects – Tribunal awarded compensation based on deceased’s monthly income of Rs.11,840, applying 1/3rd deduction and multiplier of 18 – Insurance Company's argument for assessing income as per Minimum Wages Act rejected – Supreme Court precedents affirm assessing income with reasonable flexibility and consideration of future prospects – 40% addition towards future prospects warranted due to deceased’s young age and potential – [Paras 5-11].

Legal Principles on Deductions and Multiplier – Insurance Company's contention accepted for 50% deduction due to deceased being a bachelor – Tribunal’s application of multiplier and assessment methods upheld – Importance of 'just compensation' underscored to restore claimants to position prior to accident [Paras 10-11].

Conventional Damages and Loss of Consortium – Increased conventional damages under 'loss of estate' and 'funeral expenses' by 20% following Supreme Court guidelines – Loss of consortium awarded to parents of deceased, acknowledging emotional and support losses [Paras 11].

Revised Compensation Calculated – Total revised compensation calculated at Rs.19,22,208 with interest at 9% per annum from the date of filing claim till realization, including enhanced awards for future prospects, loss of estate, funeral expenses, and loss of consortium [Para 12].

Background and Pleadings – Appellants (State representatives) appeal against the decision favoring the respondent regarding unpaid irrigation dues from land revenue collections dating back to 1975 – Respondent had been appointed as Sarbrah Lambardar and was responsible for depositing collected dues, disputed by the appellants who alleged a deficiency in deposits – Trial Court dismissed initial suits but was overturned by First Appellate Court granting relief to the respondent. [Paras 1-3]

Issues Framed – Key legal issues include entitlement to relief, maintainability of the suit, locus standi, jurisdiction, effect of no Section 80 CPC notice, and valuation for court fees and jurisdiction. [Para 3]

Evidence and Analysis – First Appellate Court finds no evidence supporting appellants’ claim of non-deposit of due amounts by respondent – Respondent substantiated regular deposits through evidence (Ex.P1 to Ex.P64, Dakhla Forms) – Trial Court's reliance solely on Khatauni Mal as evidence of dues questioned, found insufficient for establishing non-deposit of collected dues by the respondent. [Paras 6-9]

Decision – Appeals dismissed as devoid of merit, based on a lack of substantial evidence to prove appellants' claims against the respondent – First Appellate Court's judgment upheld, confirming respondent's compliance with deposit obligations. [Para 10]

Legal Representation and Right to Pursue Execution – Revision Petitions Analysis – Held – The High Court set aside the Executing Court's decision allowing Harjinder Kaur, who could not prove her legal marriage to the deceased Avtar Singh, to continue the execution proceedings. The High Court found no evidence supporting her status as the legally wedded wife, despite her being permitted to represent the deceased's estate in previous proceedings. The contradictory findings of the Executing Court were highlighted, leading to a remand to decide the issues afresh. The court emphasized the lack of any legal basis for her participation in the execution proceedings. [Para 6-7]

Issues of Legal Heir Status and Documentary Evidence – Discussion – The High Court critiqued the lower court's reliance on marked but unexhibited documents to determine the legal heir status of Harjinder Kaur. Both counsel admitted the absence of evidence proving the documents, leading to legal questions over the appropriate procedures and rules for filing applications under the Civil Procedure Code. The High Court highlighted procedural missteps in handling documentary evidence and legal heir applications, calling for a reconsideration of the same. [Para 3-4, 6]

Decision – Remand of Case to Executing Court – Due to the conflicting and unsupported findings by the Executing Court regarding the legal heir status of Harjinder Kaur and her rights to pursue execution, the High Court remanded the matter for a fresh decision. The court directed parties to reappear before the Executing Court with proper legal representation to resolve the outstanding legal and procedural issues. All pending applications related to the case were also disposed of as part of this order. [Para 7]

Criminal Law - Quashing of Complaint and Summoning Order – Petition under Section 482 Cr.P.C. by the marketing company and its Regional Manager, challenging the legality of the criminal complaint and subsequent proceedings concerning the sale of allegedly substandard fertilizer - The Punjab and Haryana High Court held that no prima facie case against the marketing company and its Regional Manager was made out, as the fertilizer bags were sealed and there was no evidence of tampering or improper storage, placing the liability solely on the manufacturer - Held, quashing the criminal complaint and all consequential proceedings against the petitioners - The judgment relied on precedents emphasizing the non-liability of dealers and marketers for the contents of sealed, unadulterated products - Complaint and summoning order quashed due to absence of any manipulative action by the petitioners that could have contributed to the alleged substandard quality of the product [Paras 1-10]

Protection under Article 21 – Criminal Writ Petition – Petition for protection of life and liberty of petitioners in a live-in relationship – Supreme Court's prior rulings cited affirming protection rights under similar circumstances – Court directs state to assess threat and provide necessary protection if warranted. [Paras 1-15]

Live-In Relationship and Legal Protection – Analysis of legal protections extended to individuals in live-in relationships regardless of their marital status – Reference to multiple precedents where protection was granted – Emphasizes that personal choice and liberty must be safeguarded under the Constitution. [Paras 2-11, 14]

Assessment of Threat Perception – Direction to respondent to assess threat perception to petitioners based on representation dated 15.04.2024 and to act accordingly – Highlights judicial responsibility to protect individuals from potential harm due to societal or familial disapproval of their personal relationships. [Para 15]

Legal Implications of Live-In Relationships – Discussion on the legality and social acceptance of live-in relationships – Observations on societal evolution and legal stance on personal relationships outside formal marriage – Implications of relationship legality not explored, with focus on immediate protection under the law. [Paras 10-11, 14]

Disposition – Petition disposed with directions for threat assessment and action – Clarifies that the order does not prevent legal action against petitioners if future circumstances warrant, ensuring judicial balance between protection and adherence to legal standards. [Para 16]

Negotiable Instruments Act - Maintainability of Complaint - Proprietorship Firm

Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings under Section 138 of the N.I. Act - Payee of the cheque was "Sri Vasavi Traders" - Complaint filed by S.M. Ravindrashetty, the sole proprietor of the payee firm - Contention that the complaint must be filed in the name of the payee firm as per Section 142 of the N.I. Act - Held, complaint filed by the sole proprietor of the proprietary concern is maintainable as the proprietor and the proprietary concern are inseparable - Petition dismissed. [Paras 1-25]

Proprietary Concern - Legal Entity - Jurisprudential Status

Proprietary concern is not a separate legal entity - It is merely a business name for the sole proprietor - Legal responsibilities, assets, and liabilities are personally attributed to the proprietor - The sole proprietor can file a complaint under Section 138 of the N.I. Act in his capacity as the owner of the proprietary concern - Complaint by the proprietor does not violate Section 142 of the N.I. Act. [Para 14-19]

Decision - Dismissal of Petition

The court dismissed the petition, affirming that the complaint filed by the sole proprietor is maintainable and that there is no requirement to separately array the proprietary concern and the proprietor in proceedings under Section 138 of the N.I. Act. [Para 25]

Procedural Background & Facts – Multiple writ petitions filed by State Bank of India challenging the refusal of the District Magistrate, Ludhiana to assist in taking possession of secured assets under SARFAESI Act due to alleged procedural non-compliance by the Bank [Paras 1-17, 18-30].

Key Legal Issue – Whether the requirement to communicate the rejection of objections by the borrower under Section 13(3A) of the SARFAESI Act within fifteen days is mandatory or directory [Para 41].

Court’s Analysis – Held that the provisions of Section 13(3A) are directory and not mandatory. Delay in responding beyond the 15-day period does not invalidate the actions taken under Section 13(4) unless it results in prejudice to the borrower. Emphasis on expeditious processing under SARFAESI to prevent undue delay in debt recovery [Paras 33-54].

Rulings on District Magistrate’s Role – Section 14 is an executory provision; the District Magistrate does not have adjudicatory powers regarding the merits of the bank’s application under SARFAESI. His role is limited to providing assistance in taking possession of secured assets [Paras 35, 50-60].

Final Decision – Writ petitions allowed. Impugned orders quashed. District Magistrate directed to assist the petitioner-Bank in taking possession of the secured assets [Paras 59-61].