L.N.MITTAL,J. - (1.) ALLOWED as prayed for.
(2.) THIS is second appeal by Sachin-plaintiff having been non-suited by both the Courts below on the ground of bar of jurisdiction of Civil Court. Plaintiff-appellant has filed suit against defendant-respondent Punjab National Bank, challenging the action of the defendant, initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, Security Act) Case of the plaintiff is that he along with Yash Pal Jindal had taken house loan from the defendant and had mortgaged the disputed house for the said loan with the another branch of the defendant. The plaintiff and Yash Pal Jindal repaid the said house loan. However, the said branch of defendant- bank has now transferred the title deed of the disputed house of plaintiff and Yash Pal Jindal to the branch of the defendant arrayed as defendant. The plaintiff has alleged that the defendant has no right to recover any other loan from the disputed house and has no right to interfere in possession of the plaintiff thereon. Plaintiff sough permanent injunction in this regard.
(3.) THE defendant alleged that besides the house loan taken by plaintiff and Yash Pal Jindal, M/s. Haryana Bricks Traders through its partners Yash Pal Jindal and Parveen Kumar had also taken loan by way of cash credit limit and term loan facility from the defendant for which plaintiff also stood guarantor and plaintiff and Yash Pal Jindal mortgaged the disputed property with defendant for the said loan. The defendant pleaded that jurisdiction of Civil Court is barred by Section 34 of the Security Act because the plaintiff has already served notice on the aforesaid borrower firm and its partners and the guarantors under Section 13(3) of the Security Act.;