- (1.) In this revision petition, the petitioner State Bank of India, Bhilwara is challenging order dated 29-5-2009 passed by the District Judge, Bhilwara in Civil Original Suit No. 126/2009, by which, the learned District Judge dismissed the application filed by the petitioner Bank under Order VII Rule 11, C.P.C.
(2.) Facts of the case indicate that plaintiff respondent filed suit for declaration and permanent injunction against the action of the Bank for declaring company's bank accounts as NPA and making debit entries. Along with the said suit, application for temporary injunction was filed. Upon service of summonses/notices issued in the said suit, petitioner Bank filed application under Order VII Rule 11, C. P. C. on 26-5-2009 in the suit as well as miscellaneous application filed by the respondent-plaintiff. Learned trial Court rejected the said application by order dated 29-5-2009 which is under challenge in this miscellaneous appeal. Learned trial Court rejected the application filed by the petitioner Bank under Order VII Rule 11, C. P. C. and vide order dated 30-5-2009 allowed the application for temporary injunction.
(3.) In the application filed under Order VII Rule 11, C. P. C, it is stated by the petitioner Bank that the original suit itself is barred by provisions of Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter, in short, to be called "the Act of 2002"), so also, by Section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter, in short, to be called "the Act of 1993"), therefore, learned trial Court has no jurisdiction to entertain the suit but the trial Court rejected the said plea of the petitioner Bank and entertained the suit while rejecting the application filed by the Bank under Order VII Rule 11, C. P. C.;