ALLAHABAD BANK Vs. METAL BOX INDIA LIMITED

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India seeks the setting aside of an order of the learned Trial Court dated 26.11.2013 in Civil Suit No. 140 of 2010. It had dismissed the petitioner's (defendant's) application under Order 7 Rule 11 of the Code of Civil Procedure (CPC) wanting rejection of the plaint.

(2.) THE respondent/plaintiff had filed a suit for declaration and permanent injunction against the petitioner/defendant apropos the second floor of the building known as Allahabad Bank Building situated at 17, Parliament Street, New Delhi. The plaintiff's case was CRP 21 of 2014 Page 2 of 13 that the defendant was disputing their rights and title in respect of the tenanted premises in the aforesaid property and was threatening them to invade into their legal rights. Hence, a declaration was sought to the effect that the plaintiff had remained the lessee/tenant in respect of the leased premises and furthermore, that nothing remained payable apropos the tenanted premises, etc.

(3.) MR . C. Mukund, the learned counsel for the petitioner contends that the proceedings under Section 7 the PP Act had started much earlier in time and the subsequent civil suit was deliberately devoid of vital facts. He contends that the suit did not disclose the correct facts regarding the pendency of the proceedings under the Act and the interim stay of the PP Act proceedings was by concealment of pendency of such proceeding. The earlier PP Act proceedings initiated by the defendant had claimed the following reliefs: