1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Revision Application No.82/2007 APPLICANTS : 1. The Manager, The Akola Urban Co-op. Bank Ltd., Head Office (Jankalyan), Toshniwal Layout, Akola Tq. and Distt. Akola. 2. Shri G.S.Deshmukh, Authorised Officer, The Akola Urban Co-op. Bank Ltd.. Head Office (Jankalyan), Toshniwal layout, Akola, Tq. and Distt. Akola. // VERSUS // NON-APPLICANTS : Ibrahim s/o Khusaru Diwan, original Plaintiff expired on 2/7/2007. Through legal representatives already on record. 1-A. Israil s/o Ibrahim Diwan, Aged 45 years, Occu. Business, R/o Jatharpeth, Akola, Tq. and Distt. Akola. 1-B. Zibrail s/o Ibrahim Diwan, Aged about Years, Occu. Business, R/o Ramdas Peth, Akola, Tq. and Distt. Akola. ---------------------------------------------------------------------------------------- Shri A.S.Agrawal, learned counsel for applicants. Shri M.G.Sarda, learned counsel for Respondents. ---------------------------------------------------------------------------------------- CORAM: A.B. CHAUDHARI, J. DATED : 18/06/2008. 2 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. After hearing learned counsel for the rival parties, to my mind, it would be necessary to frame preliminary issues as to the maintainability of suit for want of statutory notice under Section 115 of the Multi-State Cooperative Societies Act, 2002 and bar under Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 would operate. As agreed before me by the learned counsel for the rival parties, following two issues would be decided as preliminary issues . (i) Whether the suit filed by the plaintiff is maintainable for want of statutory notice under Section 115 of Multi State Co- operative Societies Act, 2002. (ii) Whether the bar under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 shall operate for maintaining the suit in Civil Court. 3. The parties to the suit are at liberty to lead necessary evidence on these issues before the trial Court and the trial Court 3 is expected to decide preliminary issues in the light of evidence tendered before it documentary as well as oral. Let the said issues be decided within a period of three months from the date of receipt of this order. Till then, the parties shall maintain status quo in respect of suit property. Civil Revision Application is disposed of. No order as to costs. JUDGE VMC