GIRIDHAR SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. Ahmed, learned counsel appearing for the appellant. Also heard Mr. K. K. Bhatra, learned counsel assisted by Mr. R. K. Bhatra, learned counsel appearing for the respondents.

(2.) BEING aggrieved by the judgment and order dated 03.09.2013 passed by the learned District Judge, Jorhat in Title Appeal No.2/2013 dismissing the appeal preferred under Section 96 read with Order 41 of the Code of Civil Procedure against the order dated 04.02.2013 passed in Title Suit No. 25/2012 rejecting the plaint filed by the appellant as plaintiff by taking recourse of Order 7 Rule 11 CPC, the present appellant has approached this Court by filing instant second appeal.

(3.) THE facts leading to filing of the Title Suit No.25/2012 is that the respondent bank had earlier issued a notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter referred to as SARFAESI). By the said notice dated 03.02.2012 issued under Section 13(2) of the SARFAESI, the respondent bank (Union Bank of India) had made a demand on the appellant/plaintiff to pay up the amount due to the bank upon the loan account becoming NPA. On receipt of the notice, the appellant/plaintiff did not file any objection against the same. On the contrary the plaintiff had approached the Court of learned Civil Judge, Jorhat by filing Title Suit No.25/2012 inter alia praying for a declaration that the notice issued by the respondent bank was illegal, void and inoperative in law; a decree of permanent injunction restraining the defendants from taking over possession of the property belonging to the plaintiffs; a temporary injunction in terms of the prayer made above and for other consequential reliefs.