A.U. Finance Company Kekri vs Chotu Lal S/O Lt. Sh. Naryan
2022 Latest Caselaw 5001 Raj/2

                                           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR

                                                      S.B. Civil Revision Petition No. 64/2020
                                   A.u. Finance Company Kekri
                                                                                                          ----Petitioner
                                                                          Versus
                                   Chotu Lal S/o Lt. Sh. Naryan & Ors.
                                                                                                       ----Respondents

For Petitioner(s) : Mr. Rahul Kamwar For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/07/2022 Learned counsel for petitioner submits that the suit proceedings

are ex-facie barred under Section 34 of the Securitization and

Reconstruction of Financial Assets and Enforcement of Security Interest

Act, 2002. However, the application filed by petitioner under Order 7

Rule 11 CPC, has been dismissed by the trial court vide impugned order

dated 06.02.2020, the reliance has been placed on the judgment

passed in case of M/S. Sree Anandhakumar Mills Ltd. vs M/S.

Indian Overseas Bank And Ors. reported in [(2019) 14 SCC 788],

to contend that even the suit for partition is not triable by the civil court

but can be heard and decided only by the recovery tribunal.

Heard.

Admit.

Issue notice to respondents.

Call for the record.

In the meanwhile, further proceedings of Civil Suit

No.15/18(93/2018) pending before the Additional Senior Civil Judge

No.2, Kekri, District Ajmer, shall remain stayed.

(SUDESH BANSAL),J SACHIN /10

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