PARVSHARAN SINGH Vs. HARPREET SINGH
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Harpreet Singh and Others
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(1.) Instant appeal has been filed by the plaintiff/ appellant against the order dated 27.03.2012 passed by the Addl. Civil Judge (Sr. Div. ), Rudrapur, District Udham Singh Nagar, whereby the interim relief application-6c, moved by the appellant in Civil Suit No. 17 of 2012 has been rejected.
(2.) The plaintiff/appellant instituted the said civil suit for permanent injunction against the defendants with the prayer not to make auction of the property in question and also from interfering in his peaceful possession.
(3.) It is not disputed that the sale deed was executed by respondent no. 1 & 2 in favour of respondent no. 3 on 13.12.1990 in respect of property in question. In the year 1991, the respondent no. 3 took a loan amounting to Rs. 1.25 lacs from respondent nos. 4 to 8, against the property in question. As the amount of loan was not repaid by respondent no. 3, proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as to the Act) were initiated and accordingly steps were taken under the Act. Learned counsel for respondent/Bank 2 informed that the respondent/bank filed Original Application before the Debt Recovery Tribunal for recovery of the debt through the assets of respondent no. 3. On 07.02.2012 a notice was published by IFCI, Ltd. in English newspaper Business Standard and the plaintiff/appellant came to know that the respondent/ Bank has started proceeding for auction of the land in question, therefore the plaintiff/appellant instituted the said suit for permanent injunction and also moved interim injunction application which was rejected by the Court below vide order impugned dated 27.03.2012, holding the same as not maintainable inasmuch as, keeping in view Section 34 of the Act.;
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