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2021 Supreme(Mad) 1567

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
Electrosteel Castings Limited, Chennai – Appellant
Versus
UV Asset Reconstruction Company Limited, New Delhi – Respondent


Advocate Appeared:
For the Appellant :Soumendranath Mookherjee, Senior Advocate, Surya Teja Nalla, M/s. Srinath Sridevan, Advocates.
For the Respondent:P.S. Ganesh, . Kuberan for M/s. Ganesh & Ganesh, Advocates

JUDGMENT :

Sanjib Banerjee, J.

(Prayer: Appeal filed under Section 13 of the Commercial Courts Act, 2015 read with Clause 15 of the Letters Patent to set aside the order dated 30.09.2019 made in Application No.4322 of 2019 in C.S.Dairy.No.18962 of 2019.)

1. The appellant here brought a suit in this court but the plaint was rejected at the threshold on the grounds that there was a statutory bar in receiving the action and that the cause of action as pleaded in the plaint had no nexus with this court exercising authority on the Original Side.

2. The reliefs sought in the suit, pertaining to an immovable property that was mortgaged by the plaintiff in favour of the second defendant, are set out:

    “a) A DECLARATION that the purported Assignment Agreement between the 1st and 2nd Defendants dated 30th June 2018 is bad, invalid, illegal void ab initio and of no legal effect or consequence against the Plaintiff, whatsoever, and for a consequential PERMANENT INJUNCTION restraining the Defendants 1 and 2 from acting or, implementing or in any manner taking any action against the Plaintiff on the basis of the Assignment Agreement dated 30.06.2018;

(b) A DECLARATION that the 1st Defendant and the 2nd

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