- (1.) This application is at the instance of the defendant bank and is directed against the Order No.36 dated April 18, 2013 passed by the learned Civil Judge (Junior Division), Haldia in Title Suit No.57 of 2011 thereby rejecting an application under Order 7 Rule 11(d) of the C.P.C. filed by the defendant nos.3 & 4.
(2.) The question involved in the matter is whether a civil suit lies when the secured creditor takes an action against the debtor under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(henceforth shall be called as 'SARFAESI Act'). When the secured creditor issued a notice upon the debtors for realizing the defendants, the other party cannot institute a suit and if any person has any grievance against the action of the secured creditor, the appropriate step is to prefer an application under Section 17 of the said 2002 Act. According to Section 34 of the said Act, the civil court has no jurisdiction to entertain any suit or proceeding in respect of such a matter. By the impugned order, the learned Trial Judge has rejected the application under Order 7 Rule 11(d) of the C.P.C. filed by the secured creditor.
(3.) Now, the question is whether the impugned order should be sustained.;