Appellant withdrew second appeal against orders returning plaint under SARA 2002. Court granted four-week moratorium to prevent coercive recovery actions by the bank.
Respondent restrained from taking coercive steps for recovery for four weeks.
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SA751-11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 751 OF 2011 with CIVIL APPLICATION NO.664 OF 2011
Shri Baburao Mahadev Yadav … Appellant Vs. Assistant Manager Bank of Maharashtra … Respondent
Mr.S.M.Kamble, for appellant.
CORAM : N.M. JAMDAR J. Monday, July 23, 2012.
P.C.:
By this second appeal, appellant challenges the orders passed by the Civil Judge (J. D.) Kagal, returning the plaint as the suit transaction is covered under the provisions of Securitization and Reconstruction Financial Assets and Enforcement of Security Interest Act, 2002, and the order by the District Judge, Kolhapur, confirming the order passed by the Civil Judge.
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SA751-11
Appeal and Civil application are disposed of accordingly.
(N.M.JAMDAR, J.)
Mlns
Shri Baburao Mahadev Yadav
Assistant Manager Bank of Maharashtra
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
