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KSHITIJ SHAILENDRA
Omika Devi – Appellant
Versus
Indian Bank – Respondent
| Table of Content |
|---|
| 1. factual background of the appeal. (Para 1 , 2 , 3) |
| 2. arguments regarding injunction and partition. (Para 4 , 5 , 6 , 7) |
| 3. court's analysis on the scope of legal remedies. (Para 8 , 9 , 10) |
| 4. rejection of injunction application. (Para 11) |
| 5. conclusion on appeal dismissal. (Para 12) |
JUDGMENT :
(Kshitij Shailendra, J.)
1. Heard Shri H.K. Asthana, learned counsel for the plaintiff-appellant and Shri Habib Ahmad, learned counsel for the respondent No.1-Bank.
2. Counter and rejoinder affidavits in between the appellant and respondent No.1 have been exchanged. In view of the order proposed to be passed, it is not necessary to issue notice to the remaining respondents, particularly when the matter is running in the list of fresh cases for the last one year.
3. The instant appeal under Order XLIII Rule 1(r) of CIVIL PROCEDURE CODE , 1908 assails the validity of order dated 19.10.2023 whereby the learned Civil Judge, (Senior Division), Gorakhpur has rejected the plaintiff's injunction application in Original Suit No.186 of 2022 (Smt. Omika Devi v. Indian Bank (Allahabad Bank) and others).
4. Assailing the order impugned, learned counsel for the appellant submits that though th
The court ruled that an injunction cannot be granted if an equally effective legal remedy exists, especially under statutory provisions, prioritizing access to the Debts Recovery Tribunal over injunc....
2002 Act ousts Civil Court's jurisdiction, injunction requires three tests to be met.
Point of law: Since any person aggrieved, in terms of Section 17 of the Act of 2002, has the right to approach the appropriate Debts Recovery Tribunal consequent upon the measures being taken by a se....
Civil Courts retain jurisdiction over partition disputes despite the SARFAESI Act barring jurisdiction in matters concerning measures taken by secured creditors.
Civil court jurisdiction not barred under SARFAESI for coparcener's (non-borrower) partition suit on ancestral property; appellate court may correct trial court's perverse injunction refusal; post-in....
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