Proprietorship And Another vs Bank Of
2022 Latest Caselaw 879 UK

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      23.03.2022                         FA No.66 of 2022
                                         Hon'ble Alok Kumar Verma, J.

This First Appeal has been filed against the judgment and decree dated 10.12.2021, passed by the learned IVth Additional Civil Judge (Senior Division), Dehradun in Original Suit No.306 of 2018, "High Tech Overcease, a Proprietorship and Another vs. Bank Of Baroda", whereby, the original suit has been decreed.

Heard Mr. Siddhartha Jain, learned counsel for the appellant and Mr. Rajat Mittal, learned counsel for the respondents.

The learned counsel for the appellant- Bank submitted that the respondents are borrower to the appellant-Bank and the Civil Court has no jurisdiction to entertain the suit in view of Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Admit.

In the facts and circumstances of the case, the effect and operation of the impugned judgment and decree dated 10.12.2021, passed by the learned IVth Additional Civil Judge (Senior Division) in Original Suit No.306 of 2018, "High Tech Overcease, a Proprietorship and Another vs. Bank Of Baroda", is stayed till the next date of listing.

At the request of the learned counsel for the respondents, post this case on 29.03.2022 after fresh.

(Alok Kumar Verma, J.) 23.03.2022

Neha