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



Sundaram Home Finance Limited v/s Rahul Jayvantrao Kaulavkar & Others


Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- SUNDARAM FINANCE LIMITED [Active] CIN = L65191TN1954PLC002429

Company & Directors' Information:- SUNDARAM HOME FINANCE LIMITED [Active] CIN = U65922TN1999PLC042759

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- S M FINANCE LTD [Active] CIN = L65999TG1984PLC004526

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- B R D FINANCE LIMITED [Active] CIN = U65910KL1995PLC009430

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- S M L FINANCE LIMITED [Active] CIN = U65910KL1996PLC010648

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- AT HOME INDIA PRIVATE LIMITED [Active] CIN = U17211DL2001PTC112255

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- RAHUL INDIA LIMITED [Active] CIN = U74899DL1985PLC019883

Company & Directors' Information:- RAHUL INDIA LIMITED [Active] CIN = U65100DL1985PLC019883

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- I & D FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1991PTC021369

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- RAHUL & COMPANY LTD [Amalgamated] CIN = U67120WB1995PLC067980

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- C AND N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1998PTC094290

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- D D S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC076165

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- D S L FINANCE PRIVATE LIMITED [Active] CIN = U65921TG1996PTC023898

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- V HOME PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109331

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- G. P. HOME PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102MH2011PTC213056

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- S L P FINANCE PRIVATE LTD. [Strike Off] CIN = U65923DL1985PTC021970

Company & Directors' Information:- V M FINANCE LIMITED [Strike Off] CIN = U65910PB1996PLC018339

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- H D FINANCE LTD [Strike Off] CIN = U67120DL1986PLC023675

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- S A C FINANCE COMPANY PVT LTD [Active] CIN = U65999WB1985PTC039002

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- P AND B FINANCE PVT LTD [Strike Off] CIN = U99999MH1986PTC038841

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- B & S FINANCE PVT LTD [Strike Off] CIN = U65191TN1988PTC015491

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- SUNDARAM & COMPANY LIMITED [Strike Off] CIN = U67120TN1942PLC002584

Company & Directors' Information:- S AND Z FINANCE PRIVATE LIMITED [Strike Off] CIN = U65923PN1997PTC106520

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

    Civil Revision Application (ST.) No. 92135 of 2020

    Decided On, 18 September 2020

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE S.C. GUPTE

    For the Applicant: Sidharth Samantaray i/b Sanjay Anabhawane, Advocates. For the Respondents: None.



Judgment Text

Oral Judgment:1. This Civil Revision Application challenges an order passed by Civil Judge, Junior Division, Kagal, Kolhapur, on an application of the Applicant herein in a Regular Civil Suit filed by the Respondents herein. The application was under Order 7 Rule 11 of the Code of Civil Procedure (“Code”), on the footing that that the Applicant (original defendant) had adopted measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) against the Respondents’ property and under Section 34 of that act, no civil court had jurisdiction to entertain any suit or application in respect of those measures.2. The present suit has been filed by the Respondents/plaintiffs inter alia on the ground that the property, being the subject matter of security interest in favour of the Applicant/defendant, is an agricultural land, to which provisions of SARFAESI Act do not apply. The Respondents have averred in the plaint that the suit property is an agricultural land, relying upon a 7/12 extract in respect thereof. The Applicant/defendant herein disputes those averments. According to the Applicant, the property in respect of which security interest has been created in its favour, is not an agricultural land. Whether or not the property is an agricultural land is, thus, an issue arising in the suit. If it is an issue arising in the suit, it must be decided in the suit, even if as a preliminary issue in a proper case; it surely does not support a case for rejection of plaint under Order 7 Rule 11 of the Code. That is precisely what the trial court has held and it is difficult to find any fault with that order.3. Learned Counsel for the Applicant relies on the judgment of Jagdish Singh Vs. Heeralal (2014) 1 Supreme Court Cases 479)in support of his submission. In Jagdish Singh’s case what the Supreme Court has held is that Section 34 bars jurisdiction of civil courts to entertain a suit or proceeding “in respect of any matter”, which DRT or Appellate Tribunal is empowered, by or under the SARFAESI Act, to determine; the expression “in respect of any matter”, under Section 34 of SARFAESI Act includes any measure taken by a bank or a financial institution, and consequently, aggrieved persons having grievance against such measure have to approach DRT or Appellate Tribunal, as the case may be, and not a civil court. The statement of law by the Supreme Court in Jagdish Singh’s case presupposes that the measure was taken by the concerned bank or financial institution in respect of a matter “which DRT or Appellate Tribunal is empowered by or under this Act (i.e SARFAESI Act) to determine”. If security interest in its favour has been created in respect of an agricultural land, no bank or financial institution can resort to measures provided under Section 13 of SARFAESI Act in respect of such security interest and there is no question of civil court’s jurisdiction being barred in such a case. It is important to note that we are not considering whether the civil court should grant any injunction against the action taken or to be taken by the defendant bank under the SARFAESI Act; we have not come to that stage as yet. We are at the stage of an application under Order 7 Rule 11 of the Code, which is on the footing that the plaint, as it stands, discloses want of jurisdiction on the part of the civil court to entertain the same.4. In Indian Bank Vs. K. Pappireddiyar (AIR 2018 S.C. 3440), the Supreme Court has considered the contents of clause (i) of Section 31, which stipulates that the provisions of SARFAESI Act do not apply to any security interest created in an agricultural land. The court observed that Section 2 did not contain a definition of the expression “agricultural land”. Whether a particular piece of land is agricultural in nature is a question of fact and the answer must be deduced from the nature of the land, the use to which it has been put on the date of creation of security interest and the purpose for which it was set apart. The trial court has correctly deduced from this statement of law that the question as to whether the suit land is an agricultural land needs to be decided in the suit, since one party affirms the same and the other denies it; and this question can be decided only on evidence; the stage of Order 7 Rule 11 of the Code is not a proper stage to receive such evidence and decide the issue. At the stage of Order 7 Rule 11, it is trite to say, the court must take the plaint as it is; it cannot take the defence into account. If the plaint, on the very face of it, discloses want of jurisdiction on the part of the court to entertain the suit, it must be rejected. As we have noted above, the plaintiffs in our case, relying on 7/12 extract of the suit property, have come out with a specific case that the suit property is an agricultural land and provisions of SARFAESI Act have no application to it. There is, therefore, no question of rejecting the plaint as it stands.5. Learned Counsel for the Applicant submits that having regard to the provisions of SARFAESI Act, particularly, the mandate of Section 34 thereof, a prolonged civil trial in a matter involving provisions of SARFAESI Act is not contemplated by law. Learned Counsel submits that if the bank has to go through the entire trial, it will defeat the very objective behind the provisions of SARFAESI Act. One can understand the Applicant’s apprehension; but a clear answer to this dreaded predicament is making of an application for framing a preliminary issue of jurisdiction questioning the status of the suit property as agricultural land, and requiring the court to re

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ad evidence and hear the parties on that preliminary issue and dismiss the suit, if the suit property is not found to be agricultural. It is not really necessary in such a case to go to trial on all issues, if the defendant bank is right on the preliminary issue.6. There is, accordingly, no merit in the challenge to the impugned order. Civil Revision Application is, in the premises, dismissed. In the facts of the case, there shall be no order as to costs.7. This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
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