JUDGMENT

Navin Chawla, J. (Oral)

I.A. 21080/2014

1. This application has been filed by the defendant no.1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the `CPC') seeking rejection of the plaint, stating therein that the present suit is barred under Section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (in short, `RDDBFI Act') and under Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, `SARFAESI Act').

2. The learned senior counsel for the applicant/defendant no.1, placing reliance on the judgments of this Court in Neha Aggarwal v. PNB Housing Finance Ltd. & Ors., 2016 SCC OnLine Del 3765: and Onil Sadh v. Federal Bank Ltd. & Ors., 2015 SCC OnLine Del 13351:, submits that in the present suit, the plaintiff has alleged fraud against his own brother, namely late Mr. Amit Jain, in the execution of the Sale Deed dated 07.02.2007 based on the purported Power of Attorney dated 07.12.1987 executed by the plaintiff in favour of late Mr.Amit Jain. He submits that based on such allegations, it cannot be said that the defendant no.1 was als