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Allahabad Bank & Others v. M/S Sanjivini Multispeciality Hospital & Others - WRIT - C No. 39301 of 2007 [2007] RD-AH 14339 (22 August 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Janardan Sahai, J.

       By the impugned order the Civil Judge (Senior Division) has rejected the application of the petitioners for deciding the application under Order 7 Rule 11 Civil Procedure Code read with Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the disposal of the injunction application 8-ga (2). The trial court has directed that it will hear the injunction application first.  No rights have been decided by the order. It does not call for interference in writ jurisdiction. It was submitted by Sri Mool Bihari Saxena that the suit is not maintainable in the civil court in view of the provisions of Section  34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and no injunction can be granted by the trial court. It is open to the petitioner to press this contention before the trial court, which shall  consider the same while disposing of the injunction application.

       It is stated that the trial court has fixed 20.9.2007 for the disposal of the injunction application. It is prayed that the trial court may consider the case expeditiously and if possible on that date. In the facts and circumstances the trial court shall try to dispose of the injunction application expeditiously.

      With the above directions the writ petition is disposed of finally.

       Copy of this order be made available to the learned counsel for the petitioners within 24 hours on payment of usual charges.




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