HARISH TANDON,J. - (1.) This is an application under Article 227 of the Constitution of India at the instance of the defendant no.1/petitioner seeking direction upon the learned Civil Judge (Junior Division), 5th Court, Alipore to dispose of an application for vacating the interim order and an application for rejection of the plaint expeditiously.
(2.) The defendant no.1/petitioner has been impleaded in the suit as they have issued a statutory notice under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act.). The plaintiff/opposite party claimed tenancy in respect of the suit premises under the defendant no. 2, who according to the petitioner is a borrower and his account has been declared as non-performing asset.
(3.) The Trial Court passed an ex parte ad interim order of injunction against the defendants and after receiving the copy thereof the petitioner has filed not only the applications for vacating the said ad interim order of injunction but also rejection of the plaint, as the jurisdiction of the Civil Court has been barred under Section 34 of the said Act.;