Having considered the pleadings and averments in the suit more particularly the use of word ‘fraud’ even considering the case on behalf of the plaintiff, we find that the allegations of ‘fraud’ are made without any particulars and only with a view to get out of the bar under Section 34 of the SARFAESI Act and by such a clever drafting the plaintiff intends to bring the suit maintainable despite the bar under Section 34 of the SARFAESI Act, which is not permissible at all and which cannot be approved.{ Para 8}
Supreme Court
JUSTICE M. R. SHAH JUSTICE SANJIV KHANNA
Electrosteel Castings Limited Vs. UV Asset Reconstruction Company Limited & Ors.
CIVIL APPEAL NO.6669 OF 2021
26th November 2021
Author: M. R. Shah, J.
Citation: 2021 ALL SCR (ONLINE) 697
