- (1.) Leave is granted to the learned advocate-onrecord of the appellant to rectify the defect in the memorandum of appeal in terms of the report of the Stamp Reporter. This first miscellaneous appeal is directed against an order dated 5th February, 2016 passed by the learned Civil Judge (Senior Division), Sealdah in Title Suit No. 51 of 2014 at the instance of the plaintiffs/appellants. By the impugned order, the plaintiffs' prayer for interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure was rejected by the learned Trial Judge. The learned Trial Judge held that the plaintiffs' suit for redemption of the mortgage is barred under Section 34 of SARFAESI Act, 2002. Plaintiffs have asserted in their application that the defendant no.1 had issued notice under Section 13(2) of the SARFAESI Act, 2002 upon the defendant no.2 to recover its alleged dues of Rs.9,06,273/- within 60 days from the date of its issue in default to recover its dues by sale of the said flat. In such circumstances, the plaintiffs filed the said suit and prayed for injunction against the defendant no.1 being the State Bank of India SARB, Kankaria Centre for restraining it from taking possession of the suit property and also from selling the same for realization of the alleged dues against the defendant no.2.
(2.) In our view, the learned Trial Judge was correct in observing that such suit is barred under the provision of Section 34 of the SARFAESI Act, 2002. We, thus, hold that when the suit itself is barred, the learned Trial Judge did not commit any illegality by rejecting the plaintiffs' application for injunction. We, thus, decline to admit this appeal. The appeal, thus, stands dismissed. Re: CAN 4222 of 2016
(3.) Since we have not admitted the appeal under the provision of Order XLI Rule 11 of the Code of Civil Procedure, no further order need be passed on the interim application for injunction. The said application being CAN 4222 of 2016 is, thus, deemed to be disposed of.;