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Judgment
Ram Surat Ram Maurya,Presiding Member
Heard counsel for the petitioner. Inspite of the service of the notice, nobody appears for the respondent.
Above revision has been filed against the order of the State Consumer Disputes Redressal Commission, Haryana at Panchkula dated 15.09.2022 passed in appeal no. 57 of 2022 whereby while admitting the revision, the State Commission has granted injunction restraining the petitioner from auctioning the residential property of the petitioner.
The petitioner has initiated proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi) Act, 2002 and on their application, symbolic possession over the property of the complainant was taken on 04.06.2022. The petitioner gave a date for auction on 06.08.2022. In the light of the overriding effect of the Sarfaesi Act, the District Commission has not granted any interim injunction to the complainant but the State Commission, in the revisional jurisdiction, has granted interim injunction dated 15.09.2022. Counsel for the petitioner submits that under Section 34 of Sarfaesi Act, jurisdiction of the Civil Court is barred. Since Consumer Forum was exercising additional jurisdiction, therefore, the jurisdiction of the Consumer Forum was also affected but without considering this fact, the State Commission is granted interim stay. In the facts of the case, the revision petition is allowed. Order dated 15.09.2022 is set aside.