OM AGGARWAL versus HARYANA FINANCIAL CORPORATION AND OTHERS

OM AGGARWAL versus HARYANA FINANCIAL CORPORATION AND OTHERS

The civil court's jurisdiction is barred under Section 3(4) of the Haryana Public Moneys (Recovery of Dues) Act, 1979 in cases relating to recovery of dues from defaulters. As the plaintiff was a 'defaulter' and the investment and recovery pertained to 'financial assistance', the suit was barred by law and correctly dismissed by the courts below using Order VII Rule 11(d) CPC.

Parties
Appellant/plaintiff: OM Aggarwal; Respondent/defendant No.1: Haryana Financial Corporation; Respondents/defendants: Others
Jurisdiction
India
Judgment Date
23 February 2015
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Suit at High Court and Additional District Judge
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Civil Court, Rejection of Plaint, Recovery of Dues as Arrears of Land Revenue
Civil Procedure Financial Recovery Jurisdiction of Civil Court Rejection of Plaint Recovery of Dues as Arrears of Land Revenue

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Parties

OM Aggarwal

Appellant/plaintiff

Haryana Financial Corporation

Respondent/defendant No.1

Others

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Suit at High Court and Additional District Judge

Legal Issues

  1. 1 Whether the civil suit filed by the plaintiff is barred by Section 3(4) of the Haryana Public Moneys (Recovery of Dues) Act, 1979.
  2. 2 Whether the Buy Back Agreement and recovery notice issued is liable to be set aside in civil court.

Ratio Decidendi

The civil court's jurisdiction is barred under Section 3(4) of the Haryana Public Moneys (Recovery of Dues) Act, 1979 in cases relating to recovery of dues from defaulters. As the plaintiff was a 'defaulter' and the investment and recovery pertained to 'financial assistance', the suit was barred by law and correctly dismissed by the courts below using Order VII Rule 11(d) CPC.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; suit is barred by Section 3(4) of the Haryana Public Moneys (Recovery of Dues) Act, 1979 and Order VII Rule 11(d) CPC.