SHALINI PHANSALKAR JOSHI
Allahabad Bank, Nagpur – Appellant
Versus
Hemantkumar s/o Omprakash Malpani – Respondent
This revision raises a very short point for consideration as to maintainability of the suit in view of the bar created under Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as “SARFAESI Act”).
2. By this revision the legality, validity and propriety of the order dated 4.5.2016 passed by Joint Civil Judge, Junior Division, Nagpur below Exh.20 in Regular Civil Suit No. 449/2016 is challenged, as by the said order, the trial Court has rejected the petitioner's primary objection with regard to the jurisdiction of the Civil Court in view of the express bar created under Section 34 of the Act and also for rejection of the plaint on the count that it is not properly valued.
3. Brief facts of the revision are as follows :
Respondent Nos. 1 and 2 herein had filed instant suit against the present petitioner contending interalia that they were the Directors of respondent no.3-Company and they had in September, 2009 availed financial assistance in the nature of cash credit facility to the tune of Rs. 390.00 lakh from the petitioner herein. Towards the satisfaction and repayment of said cash
Bina Alhad Naik Vs. Deu Keshav Naik and others
Eagle Soraj Townships Pvt. Ltd. and others Vs. Eagle Agro-Farm Pvt. Ltd.
Jagdish Singh Vs. Heerala and others
Nahar Industrial Enterprises Limited Vs. Hong Kong Shanghai Banking Corporation
Om Plastic Industries, Dhule and others Vs. Maharashtra State Finance Corporation, Mumbai and others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.