DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Sarvinder Singh – Appellant
Versus
Chief Manager, Punjab National Bank – Respondent
| Table of Content |
|---|
| 1. overview of plaintiffs' ownership and property dispute. (Para 1 , 4) |
| 2. valuation and procedural correctness of the suit. (Para 3 , 6 , 10 , 12) |
| 3. court's analysis of the sarfaesi act's implications. (Para 5 , 11 , 16) |
| 4. jurisdiction limitations under sarfaesi act upheld. (Para 21 , 22 , 23 , 24 , 25) |
| 5. suit dismissed; civil court lacks jurisdiction. (Para 26) |
JUDGMENT
1. The two plaintiffs viz. Sarvinder Singh and Arindra Singh, have instituted this suit for (i) declaration that the notices dated 10th July, 2019, 23rd November, 2019 and the order dated 2nd November, 2019 of the Court of Chief Metropolitan Magistrate (CMM), Central, Tis Hazari Courts, Delhi, are invalid, non est and illegal, (ii) permanent injunction restraining the defendants viz. (a) The Chief Manager, Punjab National Bank (PNB), New Rajinder Nagar, New Delhi, (b) Vikram Badhwar, HUF through its Karta Vikram Badhwar, and (c) Beechams Ace Mart Pvt. Ltd. from interrupting in the peaceful possession of the plaintiffs or from taking over possession of the property No.27, Rajpur Road, Civil Lines, Delhi or any part thereof and from showing the said property or any part thereof to be their own proper
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