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Bank of India vs. Harish Kumar Bajaj

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Code of Civil Procedure, 1908–Order 7, Rule 11–Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002–Sec. 13(2)–Application for rejection of plaint–Dismissed–Suit for permanent injunction against the petitioner-bank–Observation of Trial Court that the part of land in question admeasuring 20’X10’ was sold to S by way of registered sale deed, much prior to creation of EQM by the bank for disbursing the loan to the original borrower–Respondent-plaintiff had purchased the land through the regd. sale deed on 23.06.2016 and he was the bonafide purchaser–He had not secured the loan from the plaintiff–Held, application was rightly rerjected.