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O.S No. 1108/2022

Case between Leo Tourism and Lifespace Developers Pvt. Ltd. vs The CSB Bank Ltd. regarding mandatory injunction

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-03-05
Duration
approximately-10 years 3 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves Leo Tourism and Lifespace Developers Pvt. Ltd. as plaintiffs seeking a mandatory injunction against The CSB Bank Ltd. regarding the execution of an irrevocable power of attorney for recovering an outstanding loan. The plaintiffs claim that the defendants failed to take appropriate action to recover owed amounts as per their agreement.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit filed by the plaintiffs seeking a mandatory injunction against the defendants. It ruled that the suit was barred under Section 34 of the SARFAESI Act, rendering it not maintainable.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiffs seeking a mandatory injunction against the defendants. It ruled that the suit was barred under Section 34 of the SARFAESI Act, rendering it not maintainable.
Key Reasoning:
The court found that the suit was barred under Section 34 of the SARFAESI Act, which restricts civil courts from hearing matters already under the jurisdiction of a Debts Recovery Tribunal.
Why Defendant Won:
The court found that the suit was barred under Section 34 of the SARFAESI Act, which restricts civil courts from hearing matters already under the jurisdiction of a Debts Recovery Tribunal.
Supporting Evidence
A perusal of Section 34 of the SARFAESI Act would show that 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 the said Act to determine.

Judgment Evidence:

In view of answer to issue number I that the suit is not maintainable in view bar under Section 34 of the SARFAESI Act, the suit is therefore dismissed with costs to the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Leo Tourism and Lifespace Developers Pvt. Ltd.
Party Role
Plaintiff
Party Name
Dr. George P. Joseph
Party Age
74
Relation
S/o
Party Role
Defendant
Party Name
The CSB Bank Ltd.
Party Role
Defendant
Party Name
The Branch Manager, The CSB Bank Ltd.
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P. M Rajagopal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Madhu Radhakrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.D Joseph
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The plaintiffs sought a decree directing the defendants to implement the irrevocable power of attorney dated 24-07-2014 in recovering the amount due to the plaintiff from the owners.
Evidence:
In view of answer to issue number I that the suit is not maintainable in view bar under Section 34 of the SARFAESI Act, the other issues are not answered and the suit is answered on the basis of preliminary Issue No.I.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Leo Tourism and Lifespace Developers Pvt. Ltd. vs The CSB Bank Ltd. regarding mandatory injunction
Case Code Year
Case between Leo Tourism and Lifespace Developers Pvt. Ltd. vs The CSB Bank Ltd. regarding mandatory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 07/21/2014 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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