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2017 Supreme(All) 2087

SUNITA AGARWAL
GRAMIN BANK OF ARYAVART – Appellant
Versus
MAA LAXMI ICE & COLD STORAGE – Respondent


Advocates:
Counsel :
Amrish Sahai for the Petitioners; Rishi Chadha for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Counter affidavit filed by Sri Rishi Chadha learned counsel appearing for the respondent/plaintifs No. 1 and 2 is taken on record.

2. Sri Amrish Sahai learned counsel appearing for the petitioner herein submits that he does not propose to file rejoinder affidavit as the dispute being raised in the present petition is legal in nature.

3. With the consent of the learned counsel for the parties, the matter has been heard for final disposal at the admission stage itself.

4. The present petition is directed against the order dated 28.4.2017 passed by the Ist Additional Civil Judge (S.D.) Aligarh in Original Suit No. 91 of 2017 (M/s. Maa Laxmi Ice & Cold Storage and another v. Gramin Bank of Aryavart and others). The petitioners herein are the defendants in the aforesaid suit. They are challenging the jurisdiction of the Civil Court in entertaining the said suit in view of the express bar of Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act’ 2002 (hereinafter referred as ‘SARFASI Act’). The order impugned in the present petition is the order passed on the application 26-C filed by the d



























































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