Chief Manager vs Sukhdev Yadav & Ors
2024 Latest Caselaw 4853 Jhar

Jharkhand High Court

Chief Manager vs Sukhdev Yadav & Ors on 3 May, 2024

Author: S. N. Pathak

Bench: S.N. Pathak

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        C.R. No. 26 of 2023
     Chief Manager, UCO Bank, Dhanbad          ..... .... Petitioner
                             Versus
     Sukhdev Yadav & Ors.                     ....      .... Respondents
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK

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For the Petitioner : Mr. Rajiv Nandan Prasad, Advocate

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4/ 03.05.2024 Heard Mr. Rajiv Nandan Prasad, learned counsel for the petitioner.

2. This revision petition has been filed at the instance of defendant-petitioner against the order dated 27.05.2023 passed by Civil Judge (Sr. Division)-VIII, Dhanbad in Original Suit No. 243 of 2016, by which the suit filed by the plaintiffs for a decree for realization of money amounting to Rs. 16,51,021/- with interest from the date of deposit of sale amount from the defendant-Bank, as the property sold by the Bank to the plaintiffs is Gairabad land, has been allowed.

3. It has been argued by learned counsel for the defendant- petitioner that the trial court has acceded its jurisdiction by interfering the suit under the provisions of Sections 17 and 34 of the SARFAESI Act, in view of the judgment rendered by the Hon'ble Apex Court in the case of Mardia Chemicals Ltd. & Ors. Vs. Union of India & Ors., reported in (2004) 4 SCC 311. Learned counsel submits that the judgment of the Hon'ble Apex Court shall lie in a case where fraudulent is attracted. However, in the instant case, nothing has been brought on record tothat the defendant has played fraud.

4. Let notices be issued to the respondents in the admission matter for which requisites etc. must be filed within a period of two weeks through registered cover with A/D, as also under ordinary process.

5. Put up this case on 12.07.2024.

6. This interlocutory application has filed for staying the impugned order dated 27.05.2023 passed by Civil Judge (Sr. Division)- VIII, Dhanbad in Original Suit No. 243 of 2016.

7. In view of the submissions advanced by the learned counsel for the petitioner, it appears that prime facie case is made out and balance of convenience also lies in favour of the petitioner.

8. Further proceeding of Original Suit No. 243 of 2016 pending before the Court of Civil Judge (Sr. Division)-VIII, Dhanbad is hereby stayed till final disposal of this revision petition.

9. This interlocutory application stands allowed.

(Dr. S. N. Pathak, J.) R.Kr.