Dismissed
Hafeez Shamsul HUDA v. M/S. Asset Reconstruction
Karnataka HCRFA/918/2013
Case brief
AI extract
What is this about?
The High Court of Karnataka dismissed the regular first appeal filed under Section 96 of CPC against a rejection of a plaint. The lower court held that the maintainability of the suit was questioned under Order 7 Rule 11(d) CPC due to a clear statutory bar under Section 34 of the SARFAESI Act, as the defendant had already proceeded before the Debt Recovery Tribunal. The appeal was dismissed partly
What did the court decide?
The appeal is dismissed. The adjournment of the matter is declined because the appeal against the second appellant has already been dismissed and there is no representation on behalf of the first appe