A.N.VENUGOPALA GOWDA
Yashavant – Appellant
Versus
Senior Manager, A. B. N. Amro Bank N. V. , New Delhi – Respondent
Venugopala Gowda, J.
1. The appellant/plaintiff calls in question legality of the identical but separate Order/s passed by the Trial Judge rejecting the plaint’s in terms of Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, as the suits are barred by S.34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the Act). Said orders were upheld by identical but separate Judgment/s and Decree/s passed by the First Appellate Court. This group of second appeals were heard together as the parties are common and the appeals involve common questions of fact and law. For convenience, parties will be referred by their rank in the Trial Court.
2. The plaintiff’s case in brief:
The plaintiff, carrying on business in supply of iron ore and other materials at Hospet, made representations and availed different loans. To secure the loans, plaintiff mortgaged the suit property – equipment/machinery etc., in favour of the defendant. Plaintiff committed default in remittance of loan installments. His accounts were declared as ‘non performing assets’ by the defendant, which sent notices through the Authorised Officer, under S
RAPTAKOS BRETT & CO.LTD. VS. GANESH PROPERTY (1998) 7 SCC 184
SALEEM BHAI VS. STATE OF MAHARASHTRA (2003) 1 SCC 557
MAYAR (H.K.) LTD. VS. VESSEL M.V. FORTUNE EXPRESS (2006) 3 SCC 100
POPAT AND KOTECH A PROPERTY VS. SBI STAFF ASSOCIATION (2005) 7 SCC 510
PEARLITE LINEARS (P) LTD. VS. MANORAMA SIRSI AIR 2004 SC 1373
C. NATARAJAN V. ASHIM BAI (2007) 14 SCC 183
RAM PRAKASH GUPTA V. RAJIV KUMAR GUPTA (2007) 10 SCC 59
HARDESH ORES(P) LTD. V. HEDE AND CO. (2007) 5 SCC 614
SOPAN SUKHDEO SABLE V. ASSTT. CHARITY COMMR. (2004) 3 SCC 137
SALEEM BHAI V. STATE OF MAHARASHTRA (2003) 1 SCC 557
BHAURAM VS. JANAK SINGH AND OTHERS (2012) 8 SCC 701
KANAIYALAL LALCHAND SACHDEV VS. STATE OF MAHARASHTRA (2011) 2 SCC 782
MARDIA CHEMICALS LTD. AND OTHERS VS. UNION OF INDIA AND OTHERS (2004) 4 SCC 311
CENTRAL BANK OF INDIA VS. STATE OF KERALA & OTHERS (2009) 4 SCC 94
UNION OF INDIA AND ANOTHER VS. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS (2002) 4 SCC 275
UNITED BANK OF INDIA VS. SATYAWATI TONDON AND OTHERS (2010) 8 SCC 110
SANTOSH HAZARI VS. PURUSHOTHAM TIWARI (2001) 3 SCC 179
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