Calcutta High Court (Appellete Side)
7 Kotak Mahindra Bank Limited vs Sairam Ilindra & Anr on 14 June, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
177 14.06.
2022
AGM
/RKB
C.O. 527 of 2022
Ct
07 Kotak Mahindra Bank Limited
Vs
Sairam Ilindra & Anr
Mr. Vikram Wadeha,
Ms. Vidushi Chokhani,
... for the petitioner.
The subject matter of challenge in this
revisional application is against the rejection of an application under Order 7 Rule 11 of the Code of Civil Procedure.
Mr. Vikram Wadeha, learned advocate appearing for the petitioner/defendant No. 2 submits that the Court below has erroneously decided the petition under Order 7 Rule 11 of the Code of Civil Procedure without adhering to the provisions available under SARFAESI Act.
There is a separate and independent proceeding instituted by the opposite party/plaintiff vide S.A. 181 of 2018 pending before the Debt Recovery Tribunal-I for the desired relief mentioned therein.
In the present suit pending before the learned Judge, 5th Bench, City Civil Court, Calcutta vide T.S. No. 280 of 2016, the opposite party/plaintiff has sought for declaration of his tenancy right together with injunction. The rejection of the plaint has been sought for the alleged violations of the provisions 2 contained in SARFAESI Act.
It is thus contended that the pending suit before the learned Judge, 5th Bench, City Civil Court, Calcutta in TS 280 of 2016 cannot be proceeded further.
An arguable point is this raised, which needs to be addressed touching upon the merits of the case.
In the meantime, let there be an order directing stay of proceedings pending in the Court below till the end of July 2022 or until further order, whichever is earlier.
Petitioner is directed to serve the copy of the application upon the opposite parties and their learned advocates appearing in the Court below intimating the order passed by this Court together with the next returnable date.
Matter to appear in the list under the heading 'Hearing' in the third week of July 2022.
(Subhasis Dasgupta, J)