IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 OP(C).No. 908 of 2011(O) ------------------------ AGAINST THE ORDER IN IA.3340/2010 IN OS.412/2010 of ADDL.SUB COURT, THALASSERY .................... PETITIONER: ------------------------ CHIEF MANAGER,CORPORATION BANK, ZONAL OFFICE,PUKALAKATT BUILDING,THAMMANAM ROAD, PALARIVATTOM,KOCHI-682 025. BY ADV. SRI.K.THYAGARAJESWARAN RESPONDENT(S): ---------------------------- FAST LINE BUILDERS AND DEVELOPERS KERALA PVT., DELTA TOWER,THANA,KANNUR-670 002,REPRESENTED BY THE CHAIRMAN,P.V.SANTHOSH,S/O.KARUNAKARAN,AGED 55 YEARS, AMRUTHA,NIRMALGIRI,KUTHUPARAMBA,THALASSERY, KANNUR. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss HARUN-UL-RASHID, J. ------------------------ O.P.(C).No.908 Of 2011 ---------------------- Dated this the 4th day of March, 2011. J U D G M E N T The original petition is filed by the Chief Manager, Corporation Bank. The petitioner seeks the following relief: “To quash the suit No.O.S.No.412/2010 before the First Additional Sub Judge, Thalassery for lack of jurisdiction, by issuing an order or direction.” 2. The respondent as plaintiff filed O.S.No.412/2010 for a permanent prohibitory injunction restraining the defendants from confirming the sale of properties of M/s. Acquarious Amusement Theme Park and Resort Ltd, Srirangapattana Taluk, Mandya District, Karnataka State, by way of sale under SARFAESI Act and for a mandatory injunction. Asoka Road Branch at Mysore of the Corporation Bank proceeded against the secured immovables and movables attached situated in Srirangapatana Taluk, Mandya District by way of sale under SARFAESI Act conducted on 22.10.2009. The respondent was one of the auction bidder. The respondent remitted an amount of Rs.1 Lakh being the earnest money. The respondent quoted Rs.36 Crore for the property and ::2:: O.P.(C).No.908 Of 2011 being the highest bidder the respondent was declared as the successful bidder. The respondent, who as per the terms of the bidding, shall have to remit 25% of the bid amount inclusive of the the earnest money immediately. The respondent failed to remit 25% of the bid amount as per the terms and therefore the sale was cancelled by the bank. The bank again conducted sale of the property. 3. The respondent, after a gap of one year, filed the present suit for the reliefs mentioned in the preceding paragraph. Ext.P1 is the copy of the plaint. The trial court granted temporary injunction on 25.9.2010 restraining the petitioner herein from confirming the sale conducted on 11.10.2010. The bank inter alia contended that the court which issued temporary injunction did not have territorial jurisdiction to try the suit and that there is a specific bar on the civil court to interfere with the proceedings initiated under Section 34 of the SARFAESI Act. 4. It is for the petitioner to contend before the Additional Sub Court, Thalassery that the said court has no territorial jurisdiction to try the suit. The question of jurisdiction can be ::3:: O.P.(C).No.908 Of 2011 raised as a preliminary issue and it is open to the defendant to request the court to try the said issue as a preliminary issue. The bank is also at liberty to raise the question of maintainability of the suit as per Section 34 of the SARFAESI Act pointing out the specific bar for the trial of the suit. In that event, the Additional Sub Court, Thalassery shall try the question of jurisdiction as a preliminary issue and appropriate orders shall be passed in accordance with law. The relief sought for to quash the suit is unsustainable in law. Without prejudice to the right of the petitioner to move before the appropriate court for the reliefs aforementioned, the original petition is dismissed. HARUN-UL-RASHID, Judge. bkn/-