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2017 Supreme(Bom) 973

SHALINI PHANSALKAR JOSHI
Allahabad Bank, Nagpur – Appellant
Versus
Hemantkumar s/o Omprakash Malpani – Respondent


Advocates Appeared:
For the Appellant :Shri. Masood Shareef, Advocate
For the Respondent:Shri. Shyam Dewani, Advocate, Shri. R.H. Agrawal, Advocate

JUDGMENT :

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




























































































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