Hdfc Bank Ltd., Branch At Arvi, Through Its Br. Manager v. Rekha Pradipkumar Dassani And Others

2024:BHC-NAG:781 49 cac86.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAC) NO.86 OF 2023 IN CIVIL REVISION APPLICATION STAMP NO.1975 OF 2023 HDFC Bank Ltd. Through its Authorized Officer, Nagpur and another Vs.

Rekha Pradipkumar Dassani and others __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri S.D. Ingale, Advocate for applicants.

CORAM :

M.W. CHANDWANI, J.

DATE : JANUARY 18, 2024.

This is an application for condonation of delay of one day in preferring the revision on the ground of the mistake in calculating the period of limitation.

2.

For the reasons mentioned in the application coupled with the period of delay, the delay of one day in filing revision is hereby condoned. Registry to register the revision application.

3.

The application stands disposed of.

CIVIL REVISION APPLICATION STAMP NO.1975 OF 2023 4.

This application challenges the order dated 18.10.2022 passed below Exh.19 in Regular Civil Suit No.52/2022 by the learned Civil Judge, Junior Division, Arvi, District Wardha, thereby rejecting the application filed under Order VII Rule 11

49 cac86.23.odt of the Code of Civil Procedure by the applicants. 5.

The contention is that the applicants are secured creditors and have initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act), 2002 in respect of suit property, whereas the daughter of the secured debtor has filed suit for declaration in respect of same suit property. It is submitted that jurisdiction of the civil Court is barred under Section 34 of the SARFAESI Act therefore the application came to be filed before the trial Court, which came to be rejected by the impugned order.

6.

Issue notice to the non-applicants, returnable within two weeks.

7.

The trial Court shall not proceed in the matter till next date of hearing.

JUDGE Wagh