RSA 2329/2013(O&M)

1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

RSA 2329/2013(O&M)

Date of decision:07/08/2013

Prem Lata and another

.............Appellants

v.

Zonal Manager,Punjab and Sind Bank and others

.............Respondent

CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

Present:-

Mr.Saurabh Bajaj,Advocate for the appellants/plaintiffs

Jaswant Singh,J.(Oral)

Appellants/plaintiffs are in second appeal against the

concurrent judgements passed by both the courts below whereby on the

application of the respondent bank under Order 7 Rule 11 CPC, the suit

of the appellants/plaintiffs was held to be not maintainable in view of

Section 34 of The Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act,2002 (for short the SARFESI

Act).

It is averred that the petitioners/plaintiffs purchased a

residential house vide sale deed dated 27.9.2007 for a total sale

consideration of Rs.14 lacs. It is claimed that Rs.7 lacs were paid by the

plaintiffs from their own funds whereas the other sum of Rs. 7 lacs was

Joshi Rajinder Prashad

2013.08.20 11:58

I attest to the accuracy of this

Order.

High Court, Chandigarh.

RSA 2329/2013(O