The Civil Revision Petition is filed challenging the order and decreetal order dated 5.6.2009 passed in I.A.No.1106 of 2009 in O.S.No.1243 of 2009 on the file of the Principal District Munsif Court, Coimbatore.
2. The revision petitioner Indian Overseas Bank, initiated proceedings against M/s.V.N.K.Textiles and Paper Mills Private Limited under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (in short SARFAESI Act) and the property, which is the subject matter of the suit, was brought to sale by notice dated 5.5.2009 and the date of auction was fixed as 6.6.2009. Such sale notice is challenged in the suit O.S.No.1243 of 2009. In the suit ad-interim injunction order dated 5.6.2009 has been passed in I.A.No.1106 of 2009. Revision petitioner filed a counter on 16.6.2009. A written statement also filed in the month of July, 2009. In spite of earnest attempt taken by the revision petitioner bank to have the matter disposed off at an early date, the court below has been adjourning the matter from time to time and the next hearing date fixed is 15.9.2009.
3. According to the learned counsel for the revision petitioner bank, the trial court, for no just cause has been extending the interim order without disposing off the interlocutory application. Learned counsel for the revision petitioner has raised several grounds in the revision that the ad-interim injunction order itself is not maintainable in a proceedings initiated under SARFAESI Act. However, he restricts the prayer to direct the court below to dispose off the I.A.No.1106 of 2009 at an early date.
4. In I.A.No.1106 of 2009 a counter has been filed. In the suit written statement has also been filed. If that be the case, the court below has no justification to extend the ad-interim injunction order dated 5.6.2009 postponing the enquiry in the I.A.No.1106 of 2009.
5. In view of the above, the Principal District Munsif, Coimbatore is directed to dispose off the I.A.No.1106 of 2009 in O.S.No.1243 of 2009 on or before 9.10.2009 after affording opportunity to both parties. Accordingly, this Civil Revision Petition is ordered.
Office to note:-
Send a copy of this order to the Principal District Munsif, Coimbatore within a week.
ts To The Principal District Munsif, Coimbatore