Heard Sri H.R. Mishra, learned Senior counsel assisted by Sri Amit Manohar for the appellant and perused the record.
Issue notice to respondents who may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this matter in the 1st week of September, 2010 for admission.
As per learned counsel for the appellant that a Suit No. 463 of 2010 was filed before the Civil Court against the Bank and other defendants claiming that the mortgage created by the borrower in respect of the land in dispute was null and void and the same could not be sold. As per learned counsel for the appellant the civil court has no jurisidction and the suit is barred under Section 34 of The Securitisation And Reconstruction Of Financial Assets & Enforcement Of Security Interest Act, 2002 which is quoted below-
"No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993."
In view of above, till further orders of the court the proceedings pending in Suit No.463 of 2010 and the operation of the impugned order dated 13.4.2010 shall remain stayed Order Date :- 15.6.2010 piyush