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2011 Supreme(Bom) 167

R.K.DESHPANDE
State Bank of India – Appellant
Versus
Shri Sagar s/o Pramod Deshmukh – Respondent


Advocates appeared:
For the Applicant:S.N. Kumar, Advocate. For the Respondents:R1 & R2, R.D. Dharmadhikari, Advocate.

JUDGMENT :

1. Both these matters are admitted and since the same arise out of the proceedings of Special Civil Suit No.52 of 2010, they are heard together finally – though both the matters challenge different orders.

2. Civil Revision Application No.33 of 2010 challenges the order dated 23-2-2010 passed by the learned 2nd Joint Civil Judge, Senior Division, Amravati, rejecting the application Exhibit 17 filed under Order 7, Rule 11 of the Civil Procedure Code in Special Civil Suit No.52 of 2010 for rejection of the plaint on the ground that it is barred by the provisions of Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, hereinafter referred to as “the said Act”). Appeal against Order No.38 of 2010 challenges the order passed below Exhibit 5 in Special Civil Suit No.52 of 2010 by the learned 2nd Joint Civil Judge, Senior Division, Amravati, allowing the application for grant of temporary injunction restraining the appellant/defendant No.3 Bank temporarily from taking possession of the suit property or auctioning the same during the pendency of the suit.

3. The respondent Nos.1 and 2 are the original



































































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