PUNJAB NATIONAL BANK vs SH. BABU RAM KASHYAP

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 03.04.2025 C.R.P. 45/2024 PUNJAB NATIONAL BANK .....Petitioner Through: Mr. Ravinder Gupta, Advocate. versus SH. BABU RAM KASHYAP .....Respondent Through: Mr. Shailendra Ojha, Advocate. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition seeks to challenge the order dated 10.10.2023 passed by the learned Civil Judge, North West District, Delhi [hereinafter referred to as the “Impugned Order”]. By the Impugned Order, the Application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) filed by the Petitioner (Defendant No.1 before the learned Trial Court) have been dismissed. 2. A perusal of the record shows that that Impugned Order sets out in detail as to the objections taken by the Petitioner in its Application under Order VII Rule 11 of CPC being: (i) that the Civil Court does not have any jurisdiction in view of Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [hereinafter referred to as “SARFAESI Act”]; 1963. 2.1 Two other averments were made by the Petitioner that the Plaintiff is in coll