Mr. Sudipto Chowdhury
For the
respondent nos.2, 3 and 4 : Mr. Soumya Roy,
Mr. Piyas Choudhury,
Mr. Santosh Singh
For the proforma respondent : Mr. Rishav Banerjee,
Mr. Chandan Mohata,
Mr. Moulinath Moitra
Heard on : 10.07.2025 & 17.07.2025
Reserved on : 17.07.2025
Judgment on : 05.08.2025
2025:CHC-AS:1456-DB
Sabyasachi Bhattacharyya, J.:-
1. The present appeal has been preferred by the plaintiff in a suit for
damages/compensation of Rs.60,00,00,000/-, interest pendente lite,
declaration that the plaintiff nos.2 and 3 stand discharged of all
guarantees to the defendant nos.2 to 4/Banks and the consequential
relief of permanent injunction. By the impugned judgment and deemed
decree dated April 9, 2019, the learned Trial Judge rejected the plaint
primarily on the grounds that the suit was barred under Section 80 of
the Code of Civil Procedure and Section 34 of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (for short, “the SARFAESI Act”).