L.N.Mittal - (1.) DEFENDANT - Punjab National Bank has filed this SAO assailing order dated 09.04.2011 passed by learned Additional District Judge, Ambala.
(2.) RESPONDENT/plaintiff Sachin has filed suit against defendant/appellant. The defendant/appellant raised preliminary objection of bar of jurisdiction of civil court by Section 34 of the Securitization and Re-construction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the Securitization Act). The trial court framed preliminary issue on this plea of the defendant/appellant. Learned trial court i.e. learned Civil Judge, Jr. Division, Ambala City vide judgment and decree dated 26.02.2011 decided the aforesaid preliminary issue in favour of defendant-appellant holding that jurisdiction of civil court is barred by Section 34 of the SAO No.54 of 2011 (O&M) -2- Securitization Act. Accordingly, the suit was dismissed. Plaintiff preferred appeal against the said judgment and decree of the trial court. Learned lower appellate court vide impugned judgment dated 09.04.2011 set aside the judgment and decree of the trial court and remanded the case to the trial court for deciding the preliminary issue in accordance with law after giving opportunity to both the parties to lead evidence. Feeling aggrieved, the defendant/appellant has filed the instant appeal against the said order.
(3.) I have heard learned counsel for the parties and perused the case file.;