STATE BANK OF INDIA Vs. R.SHANKAR

JUDGEMENT

(1.) BOTH these Civil Revision Petitions are filed by the petitioner against the common order made in I.A.Nos.18174 and 18175 of 2012 in O.S.No. 2726 of 2012 on the file of the VI Assistant City Civil Court, Chennai, wherein and whereby the applications filed by the petitioner seeking for setting aside the exparte orders passed in the suit as well as in the interim injunction application, were rejected.

(2.) THE respondent herein as plaintiff filed a suit in O.S.No.2726 of 2012 herein on the file of the City Civil Court, Chennai seeking for permanent injunction restraining the petitioner/defendant from disturbing the plaintiff under the guise of collecting the loan amount except under due process of law. In the said suit, the petitioner herein was set ex parte on 28.11.2012 and an order of interim injunction was also granted on the same day in I.A.No. 7048 of 2012. The petitioner herein filed I.A.No. 18174 of 2012 under Order 9 Rule 7 CPC to set aside the exparte order passed on 28.11.2012 in O.S.No.2726 of 2012. Likewise, they filed I.A.No.18175 of 2012 under Order 9 Rule 7 to set aside the ex parte order passed in the said interim application.

(3.) IT is further stated at para 10 of the affidavit filed by the petitioner in those applications that since the loan account of the respondent has become non-performing assets (NPA), it was transferred to Stressed Assets Recovery Branch, Red Cross Building, Montieth Road, Egmore, Chennai in terms of internal policy of the bank and in spite of knowing the said fact the respondent had given false address in the suit and filed the proof of service before the Court, as if notice was served on the defendant bank.