AL-HABIB FOOD PROCESSING Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Heard Sri B.Khan, Advocate assisted by Sri Atul Srivastava, Advocate for the petitioner and Sri Sanjai Singh, learned counsel for the respondents.

(2.) This writ petition has arisen from an order dated 23rd February, 2013 passed by Additional Civil Judge (Senior Division), Court No.7 Meerut rejecting plaint in Original Suit No.1432 of 2012 under Order VII, Rule 11 C.P.C. on the ground that the suit being barred by Section 34 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "Act, 2002"), the plaint is liable to be rejected.

(3.) The plaintiff-petitioner instituted the aforesaid original suit seeking a declaration in his favour that notices dated 4.7.2012 and 19.10.2012 issued under Section 13(2) of Act, 2002 are illegal in respect to land, falls in khasra No.102, Village Alipur, Jigmana, Hapur Road, Meerut and kasra No.58 measuring 1.0960 hectare in Village Kikoli Tehsil Meerut Sadar, District Meerut. The plaintiff petitioner also sought a decree of permanent injunction in his favour restraining defendant from taking action with respect of agricultural land in the aforesaid two plots where petitioner-plaintiff''s plant and machinery/stocks etc. were lying.