IN THE HOWBLE fflGH COURT OF CHHATTISGARH AT BILASPUR M.C.C. No. ^ ° /201(^ U:;"i'SEriETl KS? APPLICANT ^ s?c"" ./-•'" ^,.<^ ^•^ ^^' ^y..-'-^ y"^^~ fs^.^'i o- ./NON-APPLICANTS Smt. Anjana Nagadia, W/o Rajesh Nagadia, aged about 36 years, R/o 119, Poonam Colony, First Floor, Bangre House, Rajnandgaon. Presently residing at 39, Shristi Colony, Rajnandgaon, Distt. Rajnandgaon (C.G.) VERSUS 1. Branch Manager, Dena Bank, ^ Kamptee Line, Rajnandgaon, Distt. Rajnandgaon (C.G.) 2. Regional Manager, Dena Bardc, Regional OfiBce Rukmani Bhawan, NearJairamComplex,Raipur(C.G.) APPLICATION FOR MODmCATION OF THE ORDER DATED 03-12-2010 mcai COURT OF CaiHATireOARH. BILASPUR DB: HON'BLB I.M. QUDDUSI & HON'BLE K. K. ACBRAWAL, JJ, M.C.C. No.90pf20ll \\ Vs. APPEARANCE: Shri Ravixidra Agrawal, couasel for the appUcant ORDERIORAU (24.02.2011) Per LM. QUDDUSI. J. The first appeal was filed ^aiast the impugned order dated 24.11.2010 passed by the learaed Distnct Judge (FTC), Rajnaadgaon, rejectnig the plaint as not mamtauiable In Civil Suit No.38/2004 as the inatter related to loan borrowed Irom. Dena Bank, in which there was bar under sections 34 & 35 of Secttritization and Reconstruction of Finaucial Assets and Eiiforceinent of Security Interest Act, 2002 in approaching the Court and the appeal was dismissed vide order dated 03td Deccmber, 2010. This appUcation (M.C.C. 90/2011) has been fited fbr grantmg Uberty to approach Debts Recovery Tribunal. Siace the applicaat had wrongly fifcd the Civil Suit in a proceeding ia which the civil suit was specificaUy barred and by order dated 03.12.2010 the first appeal was also dismissed upholding the order of the cozut below, there was uo restriction for the applicant to approach fhe appropriate foruin. Therefore, tbere is no need for this court tp pass any order in fhat regard. Accordin^£,_thjg_M.C.C. stands disposed of. Sd/- \ - Sd/- I.M.Quddusi , N.K.Agarwal Judge i Judge Rao -^ff' APPELLANTS Sint Aajana Na@dia RESPONDBMTS Branch MscDaysr, Dena Bauk and anofher