Aditya Birla Housing Finance Ltd., Nagpur Thr. Its Acting Authorised Officer v. Shri. Rajeev S/O Late Shri. Chunnilal Agrawal and Others
Case brief
What is this about?
SARFAESI Section 34 bar on civil court jurisdiction; Section 17 DRT remedy for 'any person' affected by Section 13(4) measures; Order VII Rule 11 CPC rejection of plaint; plaint as a whole can be rejected against some defendants; Church of Christ Charitable Trust preferred over Madhav Prasad Aggarwal per co-equal bench rule (Sundeep Kumar Bafna; Union of India v. Raghubir Singh); Mardia Chemicals; Transcore; Bank of Baroda v. Gopal Shriram Panda reference; Aditya Birla Housing Finance Limited; possession letter 7.2.2023; loan Rs.27,42,291/-; Nagpur Bench; 2025:BHC-NAG:3320.
What did the court decide?
Civil Revision Application allowed; impugned order dated 1.11.2023 in SCS No.1040/2023 below Exh.15 quashed and set aside; application under Order VII Rule 11 CPC for rejection of plaint allowed to the extent of applicant-defendant No.4; Civil Revision Application disposed of.