Order no.5 , dt. 11.1.2024
This case record is taken up for consideration for passing order in respect of the petition which is filed by the applicant of this MA case (who is the OP of CC-127/2023) on the ground that this case is not maintainable in the eye of law and so the above noted C.C case is required to be dismissed as it is not maintainable.
This application which is filed in the MA case has been contested by the OP of this MA case who is the complainant of CC-127/23.
The argument highlighted by ld. advocates of both sides has been heard in full. Considered submission.
Perused the application which is filed by OP of this complaint case (applicant of this MA case) and also examined the written objection filed by the OP of this MA case (who is the complainant of CC-127/23).
It is the main point of contention of the applicant side that the CC case no.127/2023 is barred by the provisions of SARFAESI ACT 2002 and in this regard two judgments of Hon’ble Apex Court have been referred.
On the other hand the OP of this MA case pointed out that this complaint case has been filed prior to initiation of SARFAESI ACT proceedings and the proceedings taken by OP bank authority under SARFAESI ACT 2002 is not maintainable.
For the purpose of arriving at just and proper decision in this case, this District Commission finds that there is necessity of making scrutiny of the case record of CC-127/23 wherefrom it appears that the trial of above noted CC case has already been started and the complainant side has already filed the evidence on affidavit and at this stage this case is pending at this stage of filing interrogatories by the OP bank authority against the evidence on affidavit filed by the complainant and this date has been fixed for filing the said interrogatories.
When the trial of this case has already been commenced and the CC-127/2023 is on the verge of disposal, so it would be just and proper to hear this point of non-maintainability of CC-127/23 alongwith the trial of the said case.
In the light of the observation this MA case is disposed of. The maintainability point is to be decided after conclusion of the trial.
No order is passed as to cost.
