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The High Court of Judicature at Bombay is hearing Civil Revision Application No. 263 of 2024, where the applicants, Shilpa M. Rajput and another, challenge a trial court's order that rejected their application under Order 7, Rule 11 of the CPC, asserting that the court lacks jurisdiction due to the SARFAESI Act. The court has issued a notice to the respondents, scheduled for return on June 18, 2024, and has stayed the trial court proceedings until the petition is resolved. The respondents are required to respond to the notice and appear at the next hearing.

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8 views2 pages

Ordjud

The High Court of Judicature at Bombay is hearing Civil Revision Application No. 263 of 2024, where the applicants, Shilpa M. Rajput and another, challenge a trial court's order that rejected their application under Order 7, Rule 11 of the CPC, asserting that the court lacks jurisdiction due to the SARFAESI Act. The court has issued a notice to the respondents, scheduled for return on June 18, 2024, and has stayed the trial court proceedings until the petition is resolved. The respondents are required to respond to the notice and appear at the next hearing.

Uploaded by

iamvaibhavi6782
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

P2. CRA-263-2024.

docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO. 263 OF 2024

Shilpa M. Rajput & Anr. .. Applicants


Versus
Moiz Plumber & Ors. .. Respondents
....................
 Mr. Rajesh More for Applicants
...................
CORAM : MILIND N. JADHAV, J.
DATE : MAY 10, 2024
P. C.:

1. Not on board. Mentioned. Taken on board.

2. Perused the praecipe dated 10.05.2024. Heard Mr. More,

learned Advocate for Applicants.

3. Impugned order dated 08.01.2024 passed by learned Trial Court

below Exh. 29 in Special Civil Suit No. 191/2022 rejects the

Application filed by Applicants (Org. Defendants) under O. 7, R. 11 of

the CPC who are admittedly the borrowers and have raised a

grievance that the Civil Court’s jurisdiction stands ousted in view of

the provisions of the SARFAESI Act.

4. I have perused the impugned order which is appended at page

Nos. 56-61 of the Petition.

5. In view of the above, an arguable case is made out by Mr. More

for issuance of notice and stay of the proceedings before the Trial

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P2. CRA-263-2024.docx

Court in view of the impending challenge to the Application under O.

VII, R. 11 of the CPC.

6. Issue notice to the Respondents made returnable on 18.06.2024.

Humdast permitted. In addition to Court's notice, Applicants are

directed to serve copy of the CRA along with copy of this order on

the Respondents and inform them about the next date of hearing by

any permissible mode of service and file appropriate affidavit of

service with tangible proof thereof on or before the next date. After

receiving the notice, Respondents to file affidavit-in-reply on or before

the next date, if so desired with an advance copy to the Advocate for

Applicants.

7. Respondents are directed to remain present either themselves

or through their Advocate on the next adjourned date. It is made clear

that if Respondents remain absent despite service on the next

adjourned date, this CRA shall be heard and disposed of at the stage of

admission in the absence of the Respondents.

8. In the meanwhile, the proceedings before the learned Trial

Court shall stand stayed until the present Petition is determined.

9. Stand over to 18th June, 2024.

Amberkar [ MILIND N. JADHAV, J. ]


Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2024.05.10
15:47:58 +0530

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