BANK OF INDIA Vs. B SUNDARI

JUDGEMENT

(1.) THE petitioner, Bank of India, has come forward with the present Revision against the fair and decretal order dated 19.7.2006 made by the learned District Munsif, Coimbatore, in I.A. No.1030 of 2006 in O.S. No.1348 of 2006.

(2.) THE first respondent herein had laid the said Suit against the petitioner and one C. Natarajan, the second respondent in this Revision, for payment injunction restraining them from in any way disturbing her peaceful possession and enjoyment of the suit property till the deposit amount of Rs.1,00,000/- to the second respondent. Since the petitioner-Bank had initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, herein referred to as SARFAESI Act, She had laid the said Suit. In the said Suit, she has taken out an Application in I.A. No.1030 of 2006 for interim injunction. THE learned trial Judge, by his order dated 19.7.2006, granted interim order. Questioning the said order and also consequently seeking rejection of the main Suit, the present Revision has been filed.

(3.) AS rightly pointed out by the learned counsel appearing for the petitioner, if the first respondent has got any right or aggrieved over the initiation of proceedings by the petitioner bank under the SARFAESI Act the remedy of the first respondent is to approach the Debt Recovery Tribunal by filing an Appeal that is provided for under Section 17 of the said Act. Without doing so, the first respondent has filed the Suit and obtained interim order.