MAAN MOHAN Vs. KAMAL PARKASH GOYAL & OTHERS

JUDGEMENT

(1.) Plaintiff-Petitioner is in the revision petition against the order passed by the learned trial court, rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure ('CPC' for short), affirmed in the appeal by the learned Additional District Judge.

(2.) Issue which arises for consideration is whether the civil court has jurisdiction to entertain a suit for permanent injunction filed by alleged tenant of a borrower against whom proceedings under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the Act of 2002' for short) have been initiated.

(3.) Both the courts have held that jurisdiction of the civil court to entertain the suit and to grant any injunction is barred under Section 34 of the Act of 2002.