HDFC BANK LTD Vs. BANU BIBI

JUDGEMENT

(1.) This revisional application is directed against an order no. 32 dated June 25, 2007 passed by the learned Judge, 3rd Bench, City Civil Court at Calcutta in Title Suit no. 1191 of 2005 rejecting an application filed by the petitioner under section 5 and 8 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the said Act).

(2.) The opposite party instituted Title Suit no. 1191 of 2005 against the petitioner and the opposite party no. 2 herein, seeking a declaration that the petitioner and the opposite party no. 2, being the defendants therein, have no right to illegally seize the vehicle in question upon utilizing the blank and printed papers signed by the opposite party at the time of taking loan and to convert the same into colourable document and permanent injunction restraining the defendants therein to seize the vehicle in question except due process of law.

(3.) The opposite party no. 1 also filed an application for temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure. By an order dated August 12, 2005 the trial court passed an ad interim order restraining the defendants therein from seizing the motor vehicle in question except due process of law till 9th September 2005. The trial court further directed the opposite party no. 1 to comply the provisions contained in Order 39 Rule 3 of the Code of Civil Procedure. The opposite party no. 1, as it appears sent the requisites by registered post on the same day.