Digitally NAFR RAGHVENDRAsigned by JAT RAGHVENDRA JAT HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 315 of 2025 Order Reserved on: 9.2.2026 Order Delivered on: 9.4.2026

1 - Bank Of Baroda Branch - Rosarb, Through Chief Manager, Prahlad Kumar Jha, S/o Deochandra Jha, Aged About 45 Years, Address Bank Of Baroda, Regional Office Rajkishor Nagar Bilaspur, District- Bilaspur C.G. (Defendant No. 1)

... Applicant(s)

versus

1 - M/s. Start Up Engineers I.D.B.I Bank In Front Of A T M, Sindhi Colony, Tahsil And District Bilaspur, Through Partner Fazle Rasul, R/o H/88, Narmada Nagar, Nehru Nagar, Tahsil And District Bilaspur C.G.

And Partner- Smt. Sujata Manik (Plaintiff No. 1).

2 - Smt. Shabnam Aara W/o Abdul Kalam Aged About 60 Years R/o Ward No. 7, House No. 1569, Gurughasidas Nagar Mini Basti, Jarhabhatha, Tahsil And District Bilaspur C.G.(Plaintiff No. 2).

3 - Rashtriya Laghu Ughog Nigam Limited (Government Of India Undertaking), Through Manager, 204, A-Block,cristal Arkid, Near Lodhipara Chowk, Raipur 492007 C.G.(Defendant No.2).

4 - Vishwajeet Bhoumik, Proprietor, Uddan Finance Company Jarhabhatha, Bilaspur C.G. (Defendant No. 3).

5 - M/s Abhilash Engineering, Through Manager, Abhilash Banarjee, Office Address- Uddan Finance Company Building, Jarhabhatha, Bilaspur R/o Lane No. 3 And 4 Bangali Para, Sarkanda Tahsil And District Bilaspur C.G. (Defendant No. 4).

6 - State Of Chhattisgarh Through The Collector, Bilaspur, District Bilaspur C.G. (Defendant No. 5)

... Respondent(s)

Hon’ble Mr. Justice Amitendra Kishore Prasad

C A V Order

1. By way of this revision, the applicant has prayed for following reliefs:-

“i. quash/set-aside the impugned order dated 24.06.2025 passed by First Additional District Judge, Bilaspur (C.G.) in Civil Suit (A)/88/2019 and consequently the application filed under Order 7 Rule 11of CPC may kindly be pleased to allow and dismiss the civil suit as prayed in the said application.

ii. quash/set-aside the order 24.06.2025 passed by the trial court i.e. First Additional District Judge, Bilaspur in Civil Suit (A)/88/2019.

iii. call for the entire record pertaining to the Civil Suit (A)/88/2019 for kind perusal.

iv. any other relief as Hon'ble Court may pleased to grant it.”

2. Brief facts of the case, is that, by way of the present civil revision, the revisionist Bank has challenged the impugned order dated 24.06.2025 passed by the First Additional District Judge, Bilaspur (C.G.) in Civil Suit (A)/88/2019, whereby the application filed by the revisionist under Order VII Rule 11 of the Code of Civil Procedure was dismissed. The plaintiffs/respondent Nos. 1 and 2 instituted a civil suit seeking declaration and injunction for a sum of Rs. 60,00,600/-, contending that plaintiff No. 1 had availed a loan of Rs. 40,00,000/- from the revisionist Bank on 04.06.2019 for extension of his business, and that, as security, defendant No. 2 (mother of plaintiff No. 1) mortgaged her immovable property situated at Tifra, P.H. No. 21, diverted land Sheet No. 19/20, Plot No. 45, Khasra No. 724/05, Rakba 2200 sq.ft., Gayatri Nagar Ward, Bhartiya Nagar, Tahsil and District Bilaspur, with original documents handed over to defendant No. 3, however, upon default, the plaintiffs alleged fraud and cheating against defendant No. 3, Vishwajeet Bhaumik, who had allegedly assured sanction of the loan and retained signed cheques of plaintiff No. 2. The Bank/defendant No. 1 filed a counter-claim raising all objections and asserting that the allegations of fraud do not confer jurisdiction upon the civil court. Simultaneously, the Bank approached the Debt Recovery Tribunal, Jabalpur, which, after the borrowers remained ex parte, passed judgment dated 04.11.2024 in Original Application No. 230/2022 in favour of the Bank, permitting sale of the mortgaged and other properties, restraining the borrowers from dealing with their assets, and issuing a Recovery Certificate under Section 19(22) of the Recovery of Debts and Bankruptcy Act for Rs. 59,07,165/-. Thereafter, on