S. GOWTHAM Vs. K. SUNDAR BABU

JUDGEMENT

(1.) THIS appeal is by the aggrieved plaintiff of O.S. No. 573/2013 on the file of the II Additional Senior Civil Judge, Bangalore Rural District, Bangalore, whereby his case is dismissed as not maintainable vide order dated 26th September 2014, in view of the bar under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short hereinafter referred to as 'the Act').

(2.) FOR the sake of convenience, the parties will be referred to as per their status before the trial court.

(3.) AS the impugned order reflects, on the application of the plaintiff filed under Order XXXIX Rule 1 and 2 of CPC, initially status quo was ordered against fourth defendant/ING Vysya Bank, subsequently, M/s. Phoenix Arc Private Limited impleaded itself in the place of ING Vysya Bank and filed objection to I.A. No. 1 with a prayer to vacate the status quo order and challenged the maintainability of the suit.