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TARLOK SINGH CHAUHAN
State Bank of India – Appellant
Versus
Jatin Handa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Arvind Sharma, Advocate.
For the Respondents:Mr. Rajan Kahol, Advocate.

JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. The petitioner is aggrieved by the order passed by the learned Trial Court on 10.11.2017, whereby its application for rejection of the plaint came to be dismissed. It is the specific case of the petitioner that the suit of the present kind, which was initiated by the respondent was not maintainable in view of the specific bar contained under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short SARFAESI Act). However, the said contention was rejected by the learned Trial Court.

2. The respondent/plaintiff filed a suit for issuance of permanent injunction restraining defendants from causing interference in any manner whatsoever in business activities of Kabul Hotel, ousting the plaintiff by taking forcible possession of building of Kabul hotel and land underneath building, throwing threats to conduct auction-sale proceedings or claiming rights of any kind whatsoever of auctioning building and land measuring 0-76-16 sq. mts. bearing khasra no. 2284, 2896/2285 kitta 2 comprised in khewat no. 21 min. khatoni no. 28 min as entered in Jamabandi for years 2012-13 situate in village /




























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