Oriental Bank Of Commerce v. Smt. Manjeet Kumari Daksh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 601 of 2019 Oriental Bank Of Commerce A Body Corporate Constututed Under The Banking Companies (Acquistion And Transfer Of Undertakinga ) Act 1980, Having Its Head Office At E Block, Harsha Bhawan, Cannauaght Place, New Delhi, 110001 And Amongst Other Branches, A Branch At Shankar Nagar, Raipur, Chhattisgarh, Through Its Authorized Officer Shri Umesh Dhanotiya, (Branch Manager, Shanakar Nagar, Raipur ) S/o Shri Ram Prasad Dhanotiya Aged About 30 Years Addrss- Obc Shankar Nagar, Raipur, 492001 Chhattisgarh.
---- Petitioner
Versus
Smt. Manjeet Kumari Daksh W/o Shri Surender Kumar Daksh R/o House No. 6, Sales Tax Colony, Khamardih, Raipur, Chhattisgarh Also Reside At Ews Flat No. 73/b, Block No. 07, Kusha Bhau Thakre Ward, Katchna, Raipur, Chhattisgarh.
----Respondent WP227 No. 604 of 2019 Oriental Bank Of Commerce A Body Corporate Constututed Under The Banking Companies (Acquistion And Transfer Of Undertakinga ) Act 1980, Having Its Head Office At E Block, Harsha Bhawan, Cannauaght Place, New Delhi, 110001 And Amongst Other Branches, A Branch At Shankar Nagar, Raipur, Chhattisgarh, Through Its Authorized Officer Shri Umesh Dhanotiya, (Branch Manager, Shanakar Nagar, Raipur ) S/o Shri Ram Prasad Dhanotiya Aged About 30 Years Address- Obc Shankar Nagar, Raipur, 492001 Chhattisgarh.
---- Petitioner
Versus
Smt. Manjeet Kumari Daksh W/o Shri Surender Kumar Daksh R/o House No. 6, Sales Tax Colony, Khamardih, Raipur, Chhattisgarh Also Reside At Ews Flat No. 73/b, Block No. 07, Kusha Bhau Thakre Ward, Katchna, Raipur, Chhattisgarh.
----Respondent For Petitioner :
Mr. Saurabh Jain, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
01.08.2019
1. These writ petitions under Article 227 of the Constitutiton of India have been preferred by the petitioner against the order dated 26/06/2019 wherein learned 2nd Additional Judge to the 1st ADJ, Raipur has rejected the plaint of the petitioner in exercise of jurisdiction conferred under Order 7 Rule 11 of the CPC, which is admittedly appealable as a decree under Section 96 of the CPC. As such, these writ petitions are not maintainable in law.
2. Accordingly, both these writ petitions are dismissed. However, the petitioner is at liberty to prefer an appeal in accordance with law, if any.
3. Certified copy of this order be returned after furnishing attested copy thereof.
Sd/- (Sanjay K. Agrawal) Judge Harneet