PUNJAB NATIONAL BANK Vs. GURJEET KAUR

JUDGEMENT

(1.) THE impugned order is dated 08.10.2008; the application filed by the defendant bank (Punjab National Bank) under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the `Code') had been dismissed; contention of the defendant was that the present suit filed by the plaintiff seeking an injunction against the notice dated 22.02.2008 issued by the Bank under the provisions of SARFAESI (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act) is not maintainable before a civil Court; however this plea did not find favour with the trial Court. THE impugned order had declined to reject the plaint.

(2.) RECORD shows that the present suit has been filed by the plaintiff Gurjeet Kaur against the PNB. It is a suit for rendition of accounts and permanent injunction. The prayer is to the effect that the defendant should render accounts; a permanent injunction be granted in favour of the plaintiff and against the defendant from executing the notice dated 22.02.2008 which had been issued by the defendant bank and they should be restrained from taking possession of the property of the plaintiff.

(3.) LEARNED counsel for the petitioner has placed reliance upon a judgment in CR No. 242/2004 delivered on 16.04.2005 titled State Bank of India Vs. Mukesh Jain & Anr. wherein while dealing with an application under Section 13 (2) of the SARFAESI Act, the Court had noted that where the amount to be recovered is less then Rs.10 lacs, the bar of Section 34 of the said Act would not apply and in view of the definition of `debt' as contained in Section 1 (h) of the DRT Act, the DRT would have the jurisdiction over the matters where the amount involved is Rs.10 lacs.