MITHLESH DEVI Vs. BANK OF INDIA

JUDGEMENT

(1.) Though, by this petition, the petitioner has challenged the order of the learned Additional District Judge, Gurgaon, dated 17.7.2014 (Annexure P-2), reversing, in an appeal filed by the respondent herein, the order of the learned trial Court granting an interim stay to the petitioner (plaintiff in the suit), on an application filed under Order 39 Rules 1 and 2 CPC, the primary question, in the opinion of this Court, would be the jurisdiction of the civil Court to entertain such a suit at all, in view of the statutory bar contained in Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the SARFAESI Act), read with sub section 1 of Section 17 of the said Act, by which the remedy with any owner against any action taken by a secured creditor, in respect of a property, is before the Debts Recovery Tribunal.

(2.) At the time when notice was issued in this petition on 31.7.2014, the following order had been passed:-

(3.) Thereafter, arguments having been addressed at various stages, the issue had boiled down to what has been observed herein above, with Mr.Achint, learned counsel for the petitioner, naturally again relying upon the aforesaid judgment in the Mardia Chemicals Limiteds' case, wherein their Lordships have held as follows:-