Case Summary
The case involves a suit filed by Ali V and Thomas J Vayalatt against the Chief Manager and Authorized Officer of the State Bank of India regarding the rejection of a plaint. The plaintiff asserts rights related to tenancy against actions taken under the SARFAESI Act by the defendants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to reject the plaint filed by the plaintiffs due to lack of jurisdiction under the SARFAESI Act.
Key Reasoning:
The suit was found to be barred by law as per provisions of the SARFAESI Act.
The suit was found to be barred by law as per provisions of the SARFAESI Act.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court is satisfied that this suit is barred by law.
Judgment Evidence:
In the result, 1) Petition is allowed. The plaint is rejected under Order 7 Rule 11(d).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ali V
- Party Age
- 85
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thomas J Vayalatt
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chief Manager, State Bank of India
- Party Role
- Defendant
- Party Name
- Authorized Officer, State Bank of India
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Thomas T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Achu Shubha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rineesha Rajkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Neha Susan Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kallyani G Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Yaamin A Mohammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajay N S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Babykuttan K C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Varghesekutty K P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Febin Raj T S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the respondent from evicting him otherwise than as per provisions of the Kerala Building Lease and Rent Control Act.
Evidence:
In light of the above discussion, this court is of the view that this plaint is to be rejected under Order 7 Rule 11(d) for want of jurisdiction.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Ali V et al vs Chief Manager, State Bank of India et al regarding rejection of plaint.
Case Code Year
Case between Ali V et al vs Chief Manager, State Bank of India et al regarding rejection of plaint.