IMPORTANT POINT
Coercive action against appellants and proforma respondents-defendants, who members of same family and families of ex-partners of borrower Firm.

Dr. Vineet Kothari, J.—Learned Senior Counsel for the appellants-plaintiffs, Mr.Anand Purohit assisted by Mr.Niraj Kumar Jain, in the present civil misc. appeal against rejection of the temporary injunction application in a suit for partition by the learned District Judge, Pali vide order dated 18.03.2013, has relied upon recent decision of the Hon’ble Supreme Court in the case of Harshad Goverdhan Sondagar Vs. International Assets Reconstruction Co. Ltd. & Ors., (2014) 6 SCC 1, whereas learned counsel for the respondents-defendants, Mr.K.L.Khatri relied upon decision of the Hon’ble Supreme Court in the case of Jagdish Singh Vs. Heeralal & Ors., (2014) 1 SCC 479 decided on 30.10.2014. The later decision of the Hon’ble Supreme Court in the case of Harshad Goverdhan Sondagar (supra) decided on 03.04.2014 has not referred to the previous decision of the Hon’ble Supreme Court. Both the judgments have been rendered by the two-Judges Bench. The issue involved is of the scope of Section 34 of the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (for short, ‘SARFESI Act’) about power to grant injunction by the civil court, which is barred by Section 34 of the Act in the suits relating to civil rights, like partition suits etc.

2. The matter thus, requires further consideration. Hence, admit. Fresh notices need not be issued as the parties are already served.

3. The appellants-plaintiffs are daughters of expartner of the Partnership Firm M/s. Mehta Dhingarmal Prithviraj Textiles Industries, Pali, whereas respondents-defendants are sons of Chunnilal, sons of Kapoorchand and Prithviraj being son of Jeevraj, who are partners of the Partnership Firm, the borrower, upon whose default, action under the SARFESI Act was initiated by the respondent-Bank. The dues of the Bank now stand at Rs.90,00,000 (Rupees Ninety Lacs only) and odd, as informed by the learned counsel for the respondent-Bank, with the decretal sum alongwith interest @ 10% per annum awarded by the learned Debts Recovery Tribunal.

4. Heard for interim relief.

5. In the circumstances narrated above, it is directed that the coercive action against the appellants and proforma respondents-defendants, who are members of the same family and families of the ex-partners of the borrower Firm shall not be taken without leave of this Court, provided the appellants-plaintiffs alongwith respondent-defendants deposit a sum of Rs.25,00,000/- (Rupees Twenty Five Lacs only) within a period of one month from today with the learned trial court, which amount may be disbursed to the respondent-Bank with an undertaking that the same shall remain subject to the final decision of this appeal.

Subject to final decision

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