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2025 DAILYLAW 21402 (ALL)

PUNJAB NATIONAL BANK v. M/S CAMBRIDGE ACADEMY SOCIETY AND ANOTHER

A227/1884/2025 · 2025-02-23

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:25972 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1884 of 2025 Petitioner :- Punjab National Bank Respondent :- M/S Cambridge Academy Society And Another Counsel for Petitioner :- Sanjai Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This is a petition by Bank under Article 227 of Constitution of India. The bank has extended loan to respondent who is a borrower which remained unpaid which led to issuance of notice under section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002). The mortgaged property of the respondent was put to sale and was auctioned on 12.01.2024. After the auction proceedings took place, the respondent instituted Original Suit No. 270 of 2024 in which an application for grant of temporary injunction was moved which was allowed by order dated 04.04.2024. 2. Learned counsel for the petitioner submits that the suit preferred by plaintiff-respondent is barred by Section 34 of SARFAESI Act, 2002. He further submits that an application under Order VII Rule 11 CPC has been preferred by Bank which is pending consideration. 3. I have heard counsel for the Bank and perused the material on record. 4. The petitioner has an alternative remedy of filing an appeal under Order 43 Rule 1(r) CPC against the order impugned as no Matters under Article 227 of Constitution lies against granting of temporary injunction under Order 39 Rule 1 and 2 CPC. 5. In view of said fact, writ petition is dismissed on the ground of alternative remedy leaving it open to petitioner to avail the remedy available under the law. 6. Writ petition is dismissed on the ground of alternative remedy. 7. Office to return the certified copy of the judgment to petitioner's counsel, within 48 hours. Order Date :- 24.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad