MINOR A.S.SHRIYA CHITHRUBI Vs. A.MOHAN

JUDGEMENT

(1.) The appeal suit is filed against the judgment and decree passed in O.S.No.3 of 2017 dated 23.07.2018. The suit was instituted by the appellants in the appeal suit for partition.

(2.) The respondents 7 and 8 filed an Interlocutory Application in I.A.No.190 of 2017 in O.S.No.3 of 2017 for rejection of plaint under Order 7 Rule 11 read with Section 151 C.P.C., and the contention of the respondents 7 and 8 in the Interlocutory Applications were that the 4th defendant M/s.Chithrubi Agro Private Limited comprises of two directors, who are Arunkumar and his wife Archana. The said company availed loan facility from Karnataka Bank Limited, R.S.Puram Branch, Coimbatore. The said company has executed loan documents in favour of the bank. The said credit facilities were guaranteed by the guarantors i.e. A.Mohan, M.Umadevi, A.Archana and Arunkumar. The guarantors have executed the guarantee agreement in favour of the Karnataka Bank Limited.

(3.) It was contended that the suit schedule property was mortgaged and on account of the non-payment of loan amount, the Bank invoked the provisions of the SURFAESI Act and the matter was pending before the Debts Recovery Tribunal, Coimbatore. When issues relating to the suit property was the subject matter of the SURFAESI Act and the Debts Recovery Tribunal ceased of the issues, then under Section 34 of the SURFAESI Act, no suit can be entertained by the Civil Court. On account of the express bar under the SURFAESI Act, the respondents 7 and 8 filed an Interlocutory Application, seeking rejection of plaint. The trial Court considered the grounds raised by the respondents 7 and 8 and allowed the Interlocutory Application, against which, the present appeal suit is filed.