Jyotirmay Bhattacharya, J. - (1.) Two appeals were filed by the plaintiffs/appellants against the bank/defendant/respondent. One of such appeals being FAT 166 of 2017 is directed against an order being no. 14 dated 28th February, 2017 passed by the learned Civil Judge, Senior Division, 2nd Additional Court at Burdwan, in Title Suit No. 19 of 2016; by which the suit was dismissed partially as the part of the relief claimed in the suit was found to be not maintainable due to the bar under Section 34 of the SARFAESI Act. The said order was passed on an application taken out by the defendant bank under Order 7 Rule 11 of the Civil Procedure Code. The learned Trial Judge while holding that the suit is not partially maintainable held that the relief which the plaintiffs have claimed for damages and/or compensation for the wrong or misdeed on the part of the bank is maintainable. As such, the suit was kept pending for consideration for that part of the relief claimed by the plaintiff in the said suit.
(2.) The other appeal being FMA 648 of 2017 is directed against an order being no. 13 dated 28th February, 2017 passed by the learned Civil Judge, Senior Division, 2nd Court at Burdwan, in the very same Title Suit being Title Suit No. 19 of 2016. By the impugned order, the application for temporary injunction which was filed by the plaintiffs/appellants was rejected on contest. The plaintiffs felt aggrieved. Hence, the plaintiffs/appellants have filed this First Miscellaneous Appeal.
(3.) Since the fate of the First Miscellaneous Appeal is dependent on the fate of the aforesaid regular First Appeal, this Court heard both the appeals and has decided to dispose of both the appeals simultaneously one after another. Re: F.A.T No 166 of 2017;