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2015 Supreme(Bom) 541

R.M.SAVANT
Authorised Officer, Kotak Mahindra Bank Ltd. – Appellant
Versus
Brahmo Construction Pvt. Ltd. – Respondent


Advocates Appeared:
For the Applicant :Dr. Birendra Saraf, Nikhil Rajani I/by M/s. V Deshpande & Co., Advocates.
For the Respondent:Chandana Salgaoncar, Advocate.

Judgment :-

1. Admit, with the consent of the learned counsel for the parties heard forthwith.

2. The revisionary jurisdiction of this Court is invoked against the order dated 27/11/2014 passed by the learned 5th Joint Civil Judge, Junior Division Pune by which order the learned Judge has decided the preliminary issue and has ruled that his Court is having the jurisdiction to try and entertain the suit in question.

3. The facts giving rise to filing of the above Civil Revision Application, in brief, can be stated thus:

The Respondent herein is the original Plaintiff who has filed the suit in question being Regular Civil Suit No.1756 of 2014 seeking a permanent injunction for restraining the Applicant herein i.e. the Defendant-Bank from re-auctioning the property. The property in contention is CTS No.1194/27A admeasuring 552 sq.mtrs. situated at Shivajinagar, Pune which was mortgaged to the Defendant Bank as a security against the loan amount of one M/s. Pratam Motors. The Defendant Bank was pleased to sanction a loan of Rs.2,50,00,000/- with interest @ 18% p.a. and repayable in 48 installments and a loan of Rs.1,00,00,000/- with interest @ 36% and repayable in 12 installments to the
















































































































































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