ANJANA NAGADIA Vs. BRANCH MANAGER DENA BANK

JUDGEMENT

(1.) Heard on admission.

(2.) The appellant has filed this appeal under Section 96 of the CPC against the order dated 24-11-2010 passed by the learned Additional District Judge, (FTC), Rajnandgaon in Civil Suit No. 38/2004 rejecting the plaint as not maintainable.

(3.) The appellant has filed a civil suit before the Court below for declaration of title over the suit property and permanent injunction. The purpose of getting injunction was that the plaintiff/appellant had taken Cash Credit Loan from the respondent Bank in the year 2004. Limit was extended up to Rs. 9 lac in the year 2008. For the propose of security of the loan two shops, which were constructed on the plot owned by the appellant, were pledged. Due to default when the notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act, 2002') for depositing the amount within sixty days and for attachment of property for the purpose of sale was issued, the appellant filed the suit in question for declaration of title and injunction. However, the Court below rejected the plaint of the appellant as not maintainable.