SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Mad) 1094

G.K.ILANTHIRAIYAN
State Bank of India, Stressed Assets Management Branch – Appellant
Versus
S. R. Shyam Sundar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.L.Ganesh
For the Respondent: Mr. PVS.Giridhar, for M/s. Giridhar & Sai, Mr.M.A.Rajendra

ORDER :

This Civil Revision Petitions is directed as against the fair and decreetal order dated 28.04.2018 passed by the learned Principal District Munsif, Alandur, in I.A.No.1151 of 2017 in O.S.No.415 of 2017, thereby dismissing the petition filed for rejection of plaint.

2. The petitioner is the third defendant and the first respondent is the plaintiff. The first respondent filed suit in O.S.No.415 of 2017 for bare injunction in respect of the suit property. While pending the suit, the petitioner filed petition in I.A.No.1151 of 2017 for rejection of plaint and the same was dismissed. Aggrieved by the same, the present Civil Revision Petition.

3. The learned counsel appearing for the petitioner would submit that the civil Court has no jurisdiction to try suit in relation to the SARFAESI matters, since there is a statutory bar under Section 18 of the Recovery of Debts due to Banks and Financial Institution Act, 1993 and Section 34 of SARFAESI Act, 2002. The amendment made under SARFAESI Act which enables the tenant to file application under Section 17(4A) of SARFAESI Act before the Debt Recovery Tribunal. Whereas in the case on hand, the first respondent filed suit claiming the tenan

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon telegram-icon
                  whatsapp-icon Back to top