w w w . L a w y e r S e r v i c e s . i n



Indian Overseas Bank, rep. by its Branch Manager, Teynampet Branch, Chennai v/s S. Venkatachalam


Company & Directors' Information:- R P G OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035238

Company & Directors' Information:- M K OVERSEAS PRIVATE LIMITED [Active] CIN = U25209DL1987PTC029976

Company & Directors' Information:- P K OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059051

Company & Directors' Information:- U & M OVERSEAS PRIVATE LIMITED [Active] CIN = U25200DL2007PTC165258

Company & Directors' Information:- BANK OF INDIA LIMITED [Active] CIN = U99999MH1906PLC000243

Company & Directors' Information:- B R K OVERSEAS PRIVATE LIMITED [Active] CIN = U51311DL2002PTC117390

Company & Directors' Information:- A V I OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059014

Company & Directors' Information:- INDIAN OVERSEAS CORPORATION PRIVATE LIMITED [Active] CIN = U51900DL2010PTC203948

Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

Company & Directors' Information:- J C OVERSEAS LIMITED [Active] CIN = U65993WB1999PLC090116

Company & Directors' Information:- J S OVERSEAS PVT LTD [Active] CIN = U74899DL1994PTC058039

Company & Directors' Information:- H A OVERSEAS PRIVATE LIMITED [Active] CIN = U55101CH1999PTC032886

Company & Directors' Information:- B. R. OVERSEAS LIMITED [Active] CIN = U24111MP1973PLC001244

Company & Directors' Information:- A T OVERSEAS LTD [Active] CIN = U17115PB1995PLC015815

Company & Directors' Information:- A L OVERSEAS PRIVATE LIMITED [Active] CIN = U15300DL2013PTC250975

Company & Directors' Information:- D R OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2013PTC253214

Company & Directors' Information:- M R OVERSEAS PRIVATE LIMITED [Active] CIN = U01111DL1998PTC092787

Company & Directors' Information:- B C C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058775

Company & Directors' Information:- R B OVERSEAS PVT LTD [Active] CIN = U24200MH1982PTC028320

Company & Directors' Information:- S L OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1999PTC099800

Company & Directors' Information:- B L OVERSEAS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC177039

Company & Directors' Information:- G D R OVERSEAS LIMITED [Strike Off] CIN = U51909TN1994PLC028831

Company & Directors' Information:- S. B. OVERSEAS PVT LTD [Active] CIN = U27101WB1994PTC065565

Company & Directors' Information:- G B OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2007PTC116567

Company & Directors' Information:- G B OVERSEAS PRIVATE LIMITED [Active] CIN = U74110DL2007PTC317094

Company & Directors' Information:- AT OVERSEAS INDIA PRIVATE LIMITED [Active] CIN = U74900DL2015PTC276303

Company & Directors' Information:- M D OVERSEAS LIMITED [Active] CIN = U52110DL1980PLC011099

Company & Directors' Information:- R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045610

Company & Directors' Information:- S. R. O. OVERSEAS PRIVATE LIMITED [Active] CIN = U51101DL2014PTC268846

Company & Directors' Information:- K P OVERSEAS LIMITED [Active] CIN = U51311DL2004PLC125574

Company & Directors' Information:- M I OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC026966

Company & Directors' Information:- R F OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB1997PTC019643

Company & Directors' Information:- M R K OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018631

Company & Directors' Information:- L & W OVERSEAS PRIVATE LIMITED [Active] CIN = U17221PB2013PTC037343

Company & Directors' Information:- C D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC085553

Company & Directors' Information:- J D OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC038866

Company & Directors' Information:- A A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909KA2007PTC042105

Company & Directors' Information:- K G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054832

Company & Directors' Information:- OVERSEAS CORPN. PVT LTD [Active] CIN = U67120WB1947PTC014910

Company & Directors' Information:- G R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050950

Company & Directors' Information:- A M D OVERSEAS PRIVATE LIMITED. [Active] CIN = U52110DL1980PTC010622

Company & Directors' Information:- M S D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC069001

Company & Directors' Information:- R K G OVERSEAS PRIVATE LIMITED [Active] CIN = U51229DL1997PTC086734

Company & Directors' Information:- N D OVERSEAS PRIVATE LTD [Converted to LLP] CIN = U51900MH1994PTC076787

Company & Directors' Information:- N W OVERSEAS PRIVATE LIMITED [Active] CIN = U51507HR1999PTC034265

Company & Directors' Information:- R. G. OVERSEAS LIMITED [Strike Off] CIN = U27104TN1981PLC008963

Company & Directors' Information:- P M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL1991PTC045126

Company & Directors' Information:- J M B OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085224

Company & Directors' Information:- S C J OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052913

Company & Directors' Information:- M C S OVERSEAS PVT LTD. [Strike Off] CIN = U51909WB1994PTC063666

Company & Directors' Information:- B. J. OVERSEAS PVT. LTD. [Strike Off] CIN = U24134WB1994PTC063846

Company & Directors' Information:- A H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51109UP1977PTC004421

Company & Directors' Information:- R M OVERSEAS LTD [Active] CIN = U51909PB1992PLC011971

Company & Directors' Information:- L O P OVERSEAS PRIVATE LIMITED [Active] CIN = U51109UP2001PTC026011

Company & Directors' Information:- R R OVERSEAS LTD [Active] CIN = U51909DL1993PLC054909

Company & Directors' Information:- U D OVERSEAS PRIVATE LIMITED. [Strike Off] CIN = U74999DL2000PTC105257

Company & Directors' Information:- S A OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2001PTC112769

Company & Directors' Information:- A H R OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2000PTC103069

Company & Directors' Information:- H S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2008PTC182147

Company & Directors' Information:- S G OVERSEAS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC105649

Company & Directors' Information:- R AND R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1987PTC030154

Company & Directors' Information:- D & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51420OR2009PTC010779

Company & Directors' Information:- A TO Z OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031342

Company & Directors' Information:- Z AND Z OVERSEAS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC082824

Company & Directors' Information:- J P OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059744

Company & Directors' Information:- R Q OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2012PTC230840

Company & Directors' Information:- J M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2008PTC128957

Company & Directors' Information:- D N OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U24119DL1999PTC102409

Company & Directors' Information:- A-3 OVERSEAS PRIVATE LIMITED [Active] CIN = U36900HR2016PTC063750

Company & Directors' Information:- D M OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC072532

Company & Directors' Information:- B R V K OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014130

Company & Directors' Information:- OVERSEAS (INDIA) LTD [Strike Off] CIN = U51909WB1945PLC012624

Company & Directors' Information:- B N OVERSEAS PVT LTD [Strike Off] CIN = U74899DL1991PTC042764

Company & Directors' Information:- S N R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U00063KA1996PTC019873

Company & Directors' Information:- P B M OVERSEAS PVT LTD [Strike Off] CIN = U51311RJ1996PTC011483

Company & Directors' Information:- M H OVERSEAS LIMITED [Strike Off] CIN = U36911UP2000PLC025118

Company & Directors' Information:- V. R. OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2006PTC107676

Company & Directors' Information:- THE INDIAN CORPORATION PRIVATE LIMITED [Active] CIN = U65993TN1946PTC000988

Company & Directors' Information:- I E S (OVERSEAS) PVT LTD [Active] CIN = U31200WB1974PTC029343

Company & Directors' Information:- V B OVERSEAS PRIVATE LIMITED [Active] CIN = U28995DL1996PTC077049

Company & Directors' Information:- J N OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060359

Company & Directors' Information:- V C OVERSEAS PRIVATE LIMITED [Active] CIN = U51900DL2007PTC166741

Company & Directors' Information:- T M K OVERSEAS LIMITED [Strike Off] CIN = U51223KL1992PLC006416

Company & Directors' Information:- V E OVERSEAS PVT LTD [Strike Off] CIN = U31909DL1981PTC011849

Company & Directors' Information:- S R D OVERSEAS PRIVATE LIMITED [Active] CIN = U52209DL2008PTC178806

Company & Directors' Information:- C M D OVERSEAS PVT LTD [Active] CIN = U74899DL1995PTC073068

Company & Directors' Information:- N BANK LTD [Strike Off] CIN = U65191WB1924PLC000442

Company & Directors' Information:- M B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061016

Company & Directors' Information:- B G OVERSEAS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1990PTC038859

Company & Directors' Information:- M N OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2004PTC099257

Company & Directors' Information:- R L K OVERSEAS PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1991PTC043115

Company & Directors' Information:- J S R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52399DL2009PTC190839

Company & Directors' Information:- K D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1982PTC013342

Company & Directors' Information:- S S B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74120WB1997PTC086041

Company & Directors' Information:- C J OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC045545

Company & Directors' Information:- A AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1992PTC048780

Company & Directors' Information:- V & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC186537

Company & Directors' Information:- P G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1982PTC013479

Company & Directors' Information:- S N OVERSEAS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC150004

Company & Directors' Information:- D. T. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U36911UP1996PTC020289

Company & Directors' Information:- A R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036343

Company & Directors' Information:- T D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52590DL2013PTC257410

Company & Directors' Information:- V K OVERSEAS PVT LTD [Strike Off] CIN = U18209CH1990PTC010214

Company & Directors' Information:- J B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U17220DL1983PTC016197

Company & Directors' Information:- P N N BANK LIMITED [Strike Off] CIN = U65921TZ1948PLC000153

Company & Directors' Information:- K H OVERSEAS PVT LTD [Strike Off] CIN = U51496CH1989PTC009704

Company & Directors' Information:- A. A. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909PB2008PTC032010

Company & Directors' Information:- Z H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2005PTC155819

Company & Directors' Information:- E B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC157263

Company & Directors' Information:- A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2014PTC271288

Company & Directors' Information:- S H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL2002PTC116516

Company & Directors' Information:- S D S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC249539

Company & Directors' Information:- L T OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2014PTC272665

Company & Directors' Information:- R P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC108954

Company & Directors' Information:- S V OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52100DL2013PTC258278

Company & Directors' Information:- T & Y OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51505HR2012PTC047468

Company & Directors' Information:- G R D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U80301HR2012PTC046968

Company & Directors' Information:- T & T OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51900GJ2015PTC083022

Company & Directors' Information:- S K P OVERSEAS PRIVATE LIMITED [Active] CIN = U51909GJ2013PTC076553

Company & Directors' Information:- P R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U27310GJ2014PTC079227

Company & Directors' Information:- G T C OVERSEAS PVT LTD [Strike Off] CIN = U18101PB1993PTC013743

Company & Directors' Information:- D AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18109DL1989PTC038623

Company & Directors' Information:- B G S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101PB2007PTC031400

Company & Directors' Information:- I P S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U63030DL1976PTC008356

Company & Directors' Information:- CORPORATION BANK LTD [Dissolved] CIN = U99999KA1901PLC000893

Company & Directors' Information:- CORPORATION BANK LIMITED [Strike Off] CIN = U99999KA1972PLC001067

Company & Directors' Information:- K AND C BANK LIMITED [Dissolved] CIN = U65191KL1928PLC000529

Company & Directors' Information:- CORPORATION BANK LIMITED [Not available for efiling] CIN = U99999MH1936PTC002552

Company & Directors' Information:- INDIA AND OVERSEAS CORPORATION LIMITED [Dissolved] CIN = U99999MH1947PTC005626

    C.R.P. (PD) No. 312 of 2020

    Decided On, 18 March 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE CHIEF JUSTICE MR. SANJIB BANERJEE & THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

    For the Petitioner: K.R. Ananda Gomathy, Advocate. For the Respondent: P.C. Harikumar for M/s. P.C. Harikumar & Associates, Advocates.



Judgment Text

(Prayer: Petition under Article 227 of the Constitution of India to strike off O.S.No.1852 of 2019 on the file of VII Assistant Judge, City Civil Court, Chennai as barred under the provisions of the Code of Civil Procedure, 1908 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.)Sanjib Banerjee, CJ.The facts are not disputed, though the parties are at variance as to how the law would apply thereto.2. The petitioner herein has been arrayed as a defendant in a suit by the respondent wherein the principal reliefs claimed pertain to a declaration in respect of an immovable property and the consequential injunction.3. The case of the plaintiff is that upon certain arrangements within the family, the relevant property devolved on the plaintiff and R.Thiagarajan, at any rate, did not enjoy the exclusive rights in respect thereof. According to the plaintiff, the property was originally owned by one Sivagurunathan, who transferred it in favour of Sivannayaki Ammal alias Rajammal in 1960. Sivannayaki Ammal died in 1991 leaving behind four legal heirs, namely, R.Rathinasabapathy; S.Thangam, wife of Sethu Muthiah; Sivagurunathan; and, R.Thiagarajan. The plaintiff claims in O.S.No.1852 of 2019 filed before the City Civil Court, Chennai that on October 14, 1992, a general power of attorney was executed by R.Rathinasabapathy, S.Thangam and S.Parvathi (wife of Sivagurunathan) in favour of R.Thiagarajan; but such power of attorney was not acted upon at all and may not have seen the light of the day for more than 16 years.4. It appears that on or about August 11, 2008, R.Thiagarajan deposited the title deeds pertaining to the property to the bank, but he has not received any credit facilities whether as a borrower or as a guarantor.5. The bank issued an e-auction notice on February 26, 2019 for auction of the relevant property to be conducted on March 30, 2019 at a reserved price slightly in excess of Rs.2.15 crore. Incidentally, such sale failed and the sale was adjourned to a later date.6. However, before the sale could be conducted in terms of the notice dated February 26, 2019, the respondent herein instituted the said suit before the City Civil Court, Chennai on or about March 12, 2019 seeking the following principal reliefs:“a. For declaration, declaring that the Memorandum of Deposit of Title Deeds executed by R.Thiagarajan in favour of the defendant and registered on 11.8.2008 as document No.769 of 2008 on the file of the Sub Registrar/District Registrar, Chennai Central, is not binding on the Plaintiff-s share in the property at Door No.120-A, Trivandrum Road, Palayamkottai, Tirunelveli 2, Tirunelveli District, more fully described in the Schedule hereunder.b. For Permanent Injunction restraining the defendant, their men or agents or anybody claiming through them or under them from in any way bringing the property for auction on 30.3.2019 or on any other subsequent dates on the strength of the Memorandum of Deposit of Title Deeds registered on 11.8.2008 on the file of Sub Registrar/Central Registrar, Central Chennai.“7. The petitioner claims that no written statement has been filed and the petitioner has indicated to the suit Court that the plaint is liable to be rejected, but an initial order of status quo was passed. Even though such status quo order no longer exists, the suit continues on the board of the Court. The respondent-plaintiff, on the other hand, says that in view of the written statement not having been filed, the suit may proceed ex parte as against the petitioner herein. The respondent also seeks to assert that, in any event, the reliefs sought in the suit are qua the document purported to be executed by R.Thiagarajan and not against the measures taken by the bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.8. Section 34 of the Act of 2002 provides as follows:“34. Civil court not to have jurisdiction.— No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993).“9. There are two parts to the provision which are governed by a similar embargo. For the first part, no civil Court can entertain a suit or proceedings in respect of certain kinds of matters; and, for the second part, no injunction may be granted by any Court or other authority in respect of certain matters. Generally speaking, in terms of Section 34 of the Act, no civil Court can entertain matters that can be adjudicated before the Debts Recovery Tribunal or the appellate authority under the said Act and no Court or other authority can issue an injunction in respect of any action taken or to be taken in pursuance of any power conferred under the said Act or under the Recovery of Debts and Bankruptcy Act, 1993.10. Section 17 of the Act of 2002 permits any person aggrieved by any of the measures referred to in Section 13(4) of the Act taken by a secured creditor or its authorised officer to approach the appropriate Debts Recovery Tribunal within 45 days from the date on which such measures have been taken.11. Clearly, the issuance of notice for sale of a secured asset by a secured creditor amounts to a measure having been taken under Section 13(4) of the Act of 2002. It is another thing that the respondent herein suggests that the security could never been furnished to the secured creditor for it to be treated as a secured asset since the depositor of the title deeds had no authority to make such deposit. However, for the purpose of both Section 17 of the Act and Section 13 thereof, it is the assertion of the secured creditor which is paramount since adjudication under the Act of 2002 follows execution or implementation, rather than execution or implementation following adjudication in accordance with the general law of the land otherwise.12. In other words, upon a secured creditor taking any measure in respect of any asset that it claims as its security, any person aggrieved thereby has, per force, only to approach the appropriate Debts Recovery Tribunal and not to invoke the jurisdiction of any other authority. The bar under the first limb of Section 34 of the Act is a bar on the civil Court. When there is a statutory bar on the forum, no lis can be entertained in derogation of such bar, as the forum would inherently be lacking in jurisdiction so to do. The jurisdiction covers the subject-matter of the action and goes to the root of the matter which is incapable of ratification or condonation or being cured, unlike defects pertaining to pecuniary jurisdiction or territorial jurisdiction which may be overlooked at a late stage in view of Section 21 of the Code of Civil Procedure, 1908.13. When an adjudicatory forum, even a sovereign forum as a civil Court, is prohibited by the express command of a statute to not receive a class of actions, the very entertaining of such an action would be of no effect and amount to naught. The classical example in this situation was of a Small Causes Court taking up an arbitration matter. The modern classical example is of a civil Court taking up a matter which is covered by the Administrative Tribunals Act, 1985.14. The respondent-s assertion that the respondent merely questioned the propriety of the document and not action of the bank, is fallacious. The bank-s action was based on the deposit of title deeds to it. In such sense, the bank-s action cannot be severed from the deposit of title deeds and the two seen to be distinct. At any rate, what is of importance is whether the issue that would arise in the suit upon the plaintiff-s assertion of a state of facts and the defendant-s denial thereof, would be capable of being adjudicated by the appropriate Debts Recovery Tribunal or the appellate authority as the words in such regard in Section 34 of the Act are “is empowered ... to determine“.15. Since any person aggrieved, in terms of Section 17 of the Act of 2002, has the right to approach the appropriate Debts Recovery Tribunal consequent upon the measures being taken by a secured creditor under Section 13(4) of the Act, the Debts Recovery Tribunal must be seen to be empowered to determine the issue which may arise in such proceedings pertaining to the right of the mortgagor to create the mortgage. As a consequence, the civil Court would have no authority to receive such a suit.16. In the circumstances, the plaint relating to O.S.No.1852 of 2019 filed before the City Civil Cour

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t, Chennai is rejected and the respondent-plaintiff is left free to pursue his remedies in accordance with law.17. The City Civil Court, Chennai should immediately be informed of this order and a copy of this order should be filed in that Court by the petitioner bank within a week from date for the record of the suit Court.18. C.R.P.No.312 of 2020 is allowed as above. There will be no order as to costs. Consequently, C.M.P.Nos.1610 and 1611 of 2020 are closed.19. Nothing in this order may be construed as a pronouncement on the merits of the claim carried by way of the said suit by the respondent herein and it will be open to the respondent to urge all grounds taken in this suit before any appropriate forum in accordance with law.20. It is the submission of the respondent that S.A.No.134 of 2020 has been carried by the respondent to the Debts Recovery Tribunal. The observations herein will not prejudice the respondent in such proceedings before the Debts Recovery Tribunal.
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