JUDGMENT :

Heard Mr. K. Bhattacharjee, the learned counsel appearing on behalf of the Petitioner and Mr. J. Sharma, the learned counsel appearing on behalf of the Respondents.

2. This is an application under Article 227 of the Constitution challenging the order dated 11.11.2021 passed in Misc. (J) Case No.78/2020 arising out of Title Suit No.306/2018 whereby the learned Trial Court i.e. the Court of the learned Civil Judge (Senior Division) No.3, Kamrup (M) at Guwahati had rejected the application filed for rejection of the plaint in terms with Order VII Rule 11(d) read with Section 18 of the Recovery of Debt due to Banks and Financial Institutions Act, 1993 (for short “the Act of 1993”)

3. For the purpose of deciding an application under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (for short “the Code”) the requirement of the law is to see as to whether from the statements made in the plaint, the suit is barred by any law. Therefore, this Court constricts itself to the averments made in the plaint as well as the documents enclosed therewith.

4. From a perusal of the copy of the plaint, it reveals that the Plaintiff Nos. 1 and 2 were admittedly Directors of the Defend