SARFAESI proceedings – Rejection of plaint – Bank’s application under Order 7 Rule 11 CPC for rejection of the plaint was allowed by the Civil Judge (Junior Division) – Appeal against the said order was allowed by learned Additional District Judge – Where it cannot be disputed that an action under the Securitisation Act is based upon creation of an equitable mortgage jurisdiction of the Civil Court is barred – Revision allowed, and impugned order passed by the Additional District Judge set aside, order passed by the trial Court is restored.

(P&H HC) Decided on: 11.08.2021

SARFAESI proceedings – Rejection of plaint -- Except for a vague assertion that the officials of the Bank are in league with respondent No.2, there is no pleading regarding fraud by the Bank -- Material averments in the plaint do not even remotely suggest as to how the action of the bank is fraudulent or absured or untenable -- Suit is barred u/s 34 of the SARFAESI Act – Order rejecting the plaint affirmed.

(P&H HC) Decided on: 27.05.2021

Rejection of plaint -- Civil suit challenging partition proceedings on the ground of violation of principle of natural justice – Ld. trial Court is correct in observing that proceedings can always be challenged in case violation of principle of natural justice -- Section 158 bars the jurisdiction of the Civil Court in case a suit is filed for grant of relief, which can be provided by the Revenue Officers under the Act, 1887 – That is not the case in the suit -- Application dismissed by Trail court, order upheld.

(P&H HC) Decided on: 22.02.2021