STATE BANK OF INDIA Vs. JATIN HANDI

JUDGEMENT

(1.) The petitioner is aggrieved by the order passed by the learned Trial Court on 10.11.2017, whereby its application for rejection of the plaint came to be dismissed. It is the specific case of the petitioner that the suit of the present kind, which was initiated by the respondent was not maintainable in view of the specific bar contained under section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short SARFAESI Act). However, the said contention was rejected by the learned Trial Court.

(2.) The respondent/plaintif filed a suit for issuance of permanent injunction restraining defendants from causing interference in any manner whatsoever in business activities of Kabul Hotel, ousting the plaintif by taking forcible possession of building of Kabul hotel and land underneath building, throwing threats to conduct auction-sale proceedings or claiming rights of any kind whatsoever of auctioning building and land measuring 0-76-16 sq. mts. bearing khasra no. 2284, 2896/2285 kitta 2 comprised in khewat no. 21 min. khatoni no. 28 min as entered in Jamabandi for years 2012-13 situate in village / Mohal Bharolian Khurd Tehsil and Distt. Una (HP) except in due course of law, in alternative suit for mandatory injunction directing defendants to restore original position of suit property in case defendants succeed in taking forcible possession or auction of suit property.

(3.) It is not in dispute that proceedings against the defendant were initiated under SARFAESI Act and it was only thereafter that the suit was filed by the respondent. Therefore, in such circumstances, the moot question is whether the suit is maintainable in view of Sec. 34 of the SARFAESI Act, which reads thus:-