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Judgment
This review petition takes exception to the order dated 08.06.2023, whereby the petitioner in W.P.No.8852/2021 filed by respondent No.1 herein was disposed of by this Court by holding as under:
1.In this petition, the petitioner who is arrayed as defendant No.5 in O.S.No.1598/2021 is aggrieved by the proceedings in the said suit pending on the file of the XXVII Additional City Civil and Sessions Judge, Bengaluru as well as the impugned order dated 30.03.2021 passed by the Trial Court in the said suit directing grant of temporary injunction against the petitioner and other defendants.
2.Heard learned Senior counsel appearing on behalf of the learned counsel for the petitioner, learned counsel for respondent No.1 and learned counsel for respondent Nos.2 to 5 and perused the material on record.
3.A perusal of the material on record will indicate that there are several issues urged by the petitioner in the present petition as regards maintainability of suit, lack of jurisdiction, abuse of process of law etc., which will have to be necessarily decided by the Trial court by treating the said questions as preliminary issues. It is also contended that the impugned order dated 30.03.2021 passed by the Trial Court is coming in the way of the petitioner making recovery efforts under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) and as such, the impugned order passed by the Trial Court deserves to be modified/clarified to the said extent.
4.In view of the aforesaid facts and circumstances and submissions made by learned Senior counsel for the petitioner, I deem it just and appropriate to dispose of this petition clarifying that the impugned order dated 30.03.2021 passed in O.S.No.1598/2021 as against defendant No.5 will not prevent/prohibit or come in the way of the petitioner taking/making recovery steps/efforts in accordance with law and also under the SARFAESI Act. Further, upon the petitioner filing written statement, the Trial Court shall treat the issue regarding maintainability of the suit as a preliminary issue and pass appropriate orders in accordance with law. Liberty is reserved in favour of the defendants to file written statement, application under Order VII Rule 11 CPC etc., which shall also be considered by the Trial Court in accordance with law.
5.With the aforesaid observations and directions, the petition stands disposed of.”
Subsequently, the suit in O.S.No.1598/2021 out of which the aforesaid writ petition as well as the present review petition arises has itself been disposed of by the Trial Court vide final order dated 01.10.2024.
Under these circumstances, nothing further survives in the present petition and accordingly, the same is disposed of reserving liberty in favour of the parties to take recourse to such remedies as available in law subject to all just exceptions.