JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.08.2021 passed by the High Court of Judicature at Madras in O.S.A. No. 292 of 2019, by which the Division Bench of the High Court has dismissed the said appeal preferred by the original plaintiff rejecting the plaint/suit filed by the appellant herein-original plaintiff on the ground that the suit is barred by Section 34 of the SARFAESI Act, 2002, the original plaintiff has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

2.1 That original defendant No. 3 respondent No. 3 herein (hereinafter referred to as original defendant No. 3) availed the loan facility vide Rupee Loan Agreement dated 26.07.2011 from defendant No. 2 respondent No. 2 herein-SREI Infrastructure Finance Limited and availed the financial assistance to the extent of Rs. 500 crores. The appellant herein-original plaintiff stood as guarantor. A mortgage was created by the appellant herein-original plaintiff in favour of defendant No. 2-respondent No. 2 herein-financial creditor over its factory land at Evalur, Tamil Nadu along with plant and machinery, by way of dep