This case record is taken up for consideration for passing order in respect of petition filed by op, bank on the ground that this case is not maintainable as it is barred by law.

Op contested this matter by filing W/O.

Argument highlighted by the applicant who is the op of C.C. case no. 171 of 2021 and op who is the complainant of the above noted C.C. case has been heard in full.

It is the main point of contention and argument that as per provisions of the SERFAESI Act, 2002 this case is not maintainable in the eye of law as because the op, bank has already initiated SERFAESI proceedings against the complainant of C.C. case no. 171 of 2021 (who is the op of this M.A. case) and notice has been issued to them.

On the other hand, it is the main point of contention  and argument of the op of the M.A. case who is the complainant of C.C. case no. 171 of 2021 is that the C.C. case no. 171 of 2022 has already been admitted and by drawing attention of this District Commission to the annexed documents ld. Advocate for the op of this M.A. case pointed out that loan offer was accepted by op side and so this contractual obligation in between the parties and for that reason the provisions of SERFAESI Act is not applicable.

On the background of the above noted point of argument and point of contention highlighted by the applicant of this M.A. case and op of this M.A. case, this District Commission after going through the materials of this case record finds that the op, Union Bank of India has already issued notice u/s 13(3) of SERFAESI Act, 2002 dt. 8.3.2017 and it has been connected to the complainant of the above noted complaint case. It further transpires from the case record that the C.C. case no. 171  of 2021 has been initiated on 30.12.2021 which is well after the issuance of this notice u/s 13(3) of SERFAESI Act, 2002.

Now the question is whether the complaint case is maintainable particularly when the proceedings u/s 13(20 of the SERFAESI Act, 2002 has already been started. In this connection as per provisions of Sec. 34 of SERFAESI Act this District Commission has not power to interfere when the notice has been issued u/s SERFAESI Act. Hon’ble West Bengal State Consumer Disputes Redressal Commission, Kolkata has also been pleased to observe that Civil Court or any other authority cannot arrogate by itself the right to make decision or interfere with the SERFAESI Act and as per Sec. 34 of SERFAESI Act the Consumer Commission has not power to interfere when notice has been issued under SERFAESI Act. This legal principle has been reported in 2022 (2) CPR 101 (W.B.). Thus, it is crystal clear that this District Commission has no jurisdiction to try this case. for that reason this District Commission has no other way but to allow this M.A. case and to dismiss the C.C. case no. 171 of 2021.

In the result, it is accordingly

Ordered

that this M.A. case no. 53 of 2022 be and the same is allowed on contest.

It is held that the C.C. case no. 171 of 2021 is not maintainable in the eye of law and this District Commission has no jurisdiction to try this case.

No order is passed as to costs.

Let this M.A. case be tagged with the C.C. case no. 171 of 2021.