S.SATHISHKUMAR Vs. JANA SMALL FINANCE BANK

JUDGEMENT

(1.) Heard the learned counsel for the petitioners.

(2.) The petitioners/plaintiffs challenge the return of the plaint in OS SR No.219 of 2025 by the Principal District Munsif, Villupuram.

(3.) Learned counsel for the petitioners state that civil suit against the Bank is maintainable and there is no bar under Sec. 34 of SARFAESI Act, 2002, since according to the petitioners/plaintiffs, as set out in the plaint, as on date, the bank has not initiated any action under the SARFAESI Act against the revision petitioners/plaintiffs. Learned counsel for the petitioners/plaintiffs further states that that petitioners' assets have not yet been declared as Non-Performing Assets (NPA) and in view of the same, learned counsel would contend that there is no bar for the petitioners/plaintiffs to invoke the jurisdiction of the competent civil court.