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2006 Supreme(Mad) 2374

A.C.ARUMUGAPERUMAL ADITYAN
Bank of India, rep. by its Chief Manager, Kurichi Industrial Estate Branch, Coimbatore – Appellant
Versus
Manickam @ Sellakumarasamy and Another – Respondent


Advocates Appeared:
F.B. Benjamin George, for Petitioner.
V. Barathidasan, for Respondents.

Judgment :-

I.A. No. 1194 of 2005 in O.S. No. 349 of 2005 and I.A. No. 1195 of 2005 in O.S. No. 350 of 2005 have been filed under Order 7 Rule 11 of C.P.C, with a prayer to reject the plaint on the ground that under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), (hereinafter be mentioned as SRFAESI Act), the Civil Court has no jurisdiction to entertain the suit. Both I. As. have been dismissed by the learned District Munsif of Pollachi. Hence, the revisions have been filed by the defendant in both the suit.

2. The substantial question of law to be decided in both the C.R.Ps. is whether the plaints in O.S. No. 349 of 2005 and O.S. No. 350 of 2005 are liable to be rejected under Order 7Rule 11 of C.P.C., for the reasons stated in the memorandum of revision in both the revision petitions.

3. The Point:


3.1. O.S. No. 350 of 2005 (relating to CRP.PD. No. 391 of 2006) has been filed by the plaintiff for declaration that the notice dated 5.1.2005 of the defendant, viz.Bank of India, Kurichi Industrial Estate Branch, represented by its Senior Branch Manager, is void, illegal, ultra vires of the SRFAESI Act

















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