State Bank Of India vs Shrimati Rinshi Mittal W/O Shri Harsh on 10 July, 2026

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    Madhya Pradesh High Court

    State Bank Of India vs Shrimati Rinshi Mittal W/O Shri Harsh on 10 July, 2026

             NEUTRAL CITATION NO. 2026:MPHC-GWL:20464
    
    
    
    
                                                                 1                                MP-337-2026
                                  IN     THE     HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                             BEFORE
                                                  HON'BLE SHRI JUSTICE AMIT SETH
                                                       ON THE 10th OF JULY, 2026
                                                     MISC. PETITION No. 337 of 2026
                                                 STATE BANK OF INDIA
                                                         Versus
                                   SHRIMATI RINSHI MITTAL W/O SHRI HARSH MITTAL AND
                                                        OTHERS
                               Appearance:
                                       Shri Harshavardhan Topre - Advocate for petitioner.
                                       Shri Santosh Agrawal - Advocate for respondents No.1 and 2.
                                       None for respondents No.3 to 5 though served.
                                       Shri Yogesh Parashar - Government Advocate for respondent
                               No.6/State.
    
                                                                     ORDER
    

    1. The present miscellaneous petition under Article 227 of the
    Constitution of India, 1950 challenges the order dated 22.12.2025 (Annexure
    P/1) passed by the Sixth Additional Judge to the First Civil Judge, Junior

    Division, Morena (learned trial Court), Madhya Pradesh, in RCSA/107/2025,
    whereby the application preferred by respondents No.1 and 2/plaintiffs under
    Section 94 read with Section 151 of the Code of Civil Procedure, 1908 (in
    short “CPC“) has been allowed, and the petitioner has been restrained from
    alienating the suit property. The suit has been fixed for filing of the written
    statement and reply to the application preferred by the petitioner under Order
    39 Rule 1 and 2 of CPC.

    SPONSORED

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
    14:46:41

    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    2 MP-337-2026

    2. It has been argued by the learned counsel appearing for the
    petitioner that the petitioner/Bank had advanced financial assistance to M/S
    K L Oil Industries LLP, for which, the suit property had been mortgaged in
    favour of the petitioner by the respondents No.3, 4 and 5. Since the
    respondent No.3, 4 and 5 defaulted in payment of loan amount therefore,
    loan account was declared NPA by the petitioner, and proceedings were
    initiated under the Securitization and Reconstruction of Financial Assets ad
    Enforcement of Security Interest Act, 2002 (hereinafter referred to as
    SARFAESI Act, 2002). Respondents No. 3 to 5 were served notice under
    Section 13 (2) of the SARFAESI Act, 2002 on 05.05.2025 and 02.05.2025
    (Annexure P/3), calling upon them to repay the amount of Rs.13,98,23,308/-.

    The respondents No.3, 4 and 5 had mortgaged the disputed property, being
    the sole owner and possessors thereof. However, the plaintiffs (respondents
    No.1 and 2), being the daughters of Ramprakash Agrawal, colluded and,
    with a view to evade the recovery process initiated by the bank, instituted a
    suit against respondents No.3, 4 and 5 seeking a decree of declaration of
    ownership and possession of a 1/4 – 1/4 portion of the suit property on the
    ground that the same being, joint Hindu property, belonged to the
    coparceners and that they had their share in the same and the same was
    mortgaged by the respondents No.3, 4 and 5 in favour of the petitioner/Bank
    without their consent, they are in ownership and possession. A further prayer
    for permanent injunction qua their share in the suit property was also prayed
    for.

    3. Learned counsel appearing for the petitioner/Bank further argued

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
    14:46:41
    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    3 MP-337-2026
    that initially, without impleading the petitioner/Bank as defendant,
    respondent No.1 and 2 moved an application under Order 39 Rule 1 and 2
    CPC, which was collusively allowed vide order dated 06.05.2025 (Annexure
    P/5) but when, the petitioner/Bank continued with the proceedings, the
    petitioner/Bank was impleaded as party defendant in the suit on 18.08.2025.
    The Bank took symbolic possession of the suit property in terms of Section
    13 (4)
    of the SARFAESI Act, 2002 on 01.12.2025. Yet, in order to frustrate
    and avoid the proceedings being undertaken by the petitioner under the
    SARFAESI Act, 2002, an application under Section 94 of CPC came to be
    filed by the respondents No.1, 2 and 3 seeking interim directions against the
    present petitioner which has been allowed by the learned trial Court vide
    order dated 22.12.2025 impugned in the present petition.

    4. It is argued by the learned counsel appearing for the petitioner that
    the civil suit filed by the respondents No.1 and 2 is itself not maintainable.
    Section 34 of the SARFAESI Act, 2002 specifically excludes the jurisdiction
    of civil court from entertaining any suit or proceedings in respect of any
    matter which a Debts Recovery Tribunal (in short “DRT”) or the Appellate
    Tribunal is empowered under this Act to determine and no injunction is to be
    granted by any court or any authority in respect of any action taken or to be
    taken in pursuance of any power conferred by or under this Act or under the
    Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

    5. It is, therefore, argued on behalf of the petitioner that once, the
    jurisdiction of the civil court to grant an injunction in respect of the

    proceedings instituted by the secure creditor (bank) is itself barred by statute,

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
    14:46:41
    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    4 MP-337-2026
    the supplemental proceedings under Section 94 of CPC could not have been
    permitted to be invoked by respondents No.1 and 2, and the learned trial
    Court could not have passed the impugned order in derogation of the
    provisions contained in Section 34 of the SARFAESI Act, 2002.

    6. It is also argued by the learned counsel appearing for the petitioner
    that since symbolic possession of the suit property in terms of Section 13 (4)
    of the SARFAESI Act, 2002 has already been taken by the petitioner/Bank,
    even the relief pertaining to restoration of possession of the mortgaged
    property, the respondents No.1 and 2 are required to approach the DRT in
    terms of Section 17 (3) of the SARFAESI Act, 2002, which, now pursuant to
    the amendment incorporated with effect from 01.09.2016, provides that the
    relief of restoration of possession is available to the borrower or any other
    persons aggrieved.

    7. In support of his contentions, reliance is placed by the petitioner’s
    counsel upon an order dated 01.08.2023 passed by this Court in Second
    Appeal No.2295/2022 (Sabana vs. Vikash Shrivastava and Others) wherein,
    the dismissal of a similar suit on an application filed under Order 7 Rule 1
    (D) of of CPC was affirmed.
    Reliance is also placed upon an order passed
    by the Coordinate Bench of this Court at Jabalpur in M.P.No.5406/2024
    (M.P.Krishi Upaj Mandi Samiti and Others vs. Prakash Nagpal and Others)
    decided on 25.10.2025, to contend that once the suit itself is not
    maintainable, then invocation of supplemental proceedings under Section 94
    of CPC is also not maintainable. Reliance is further placed upon an order
    dated 08.03.2022 passed by the Coordinate Bench of this Court in

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    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
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    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    5 MP-337-2026
    M.P.No.4804/2021 (Dr. Anandchandra Bansal vs. Punjab National Bank and
    Others), whereby, in similar circumstances, the trial Court ‘s refusal to grant
    temporary injunction was affirmed.

    8. Per contra, learned counsel appearing for the respondents No.1 and
    2, by referring of I.A.No.3250/2026, i.e, an application for dismissal of
    petition, submits that since the order under challenge has been passed under
    Section 94 of CPC, which is, in sum and substance, the power prescribed
    under the Code for grant of temporary injunction under Order 39 Rule 1 and
    2 CPC, therefore, invocation of present miscellaneous petition under Article
    227
    of the Constitution of India is not maintainable, as the petitioner has the
    statutory remedy of filing an appeal under Order 43 Rule 1 (r) CPC. It is
    further argued by the learned counsel appearing for the respondents that the
    issue of maintainability of the civil suit in view of the bar contained under
    Section 34 of the SARFAESI Act, 2002 has been considered by the Apex
    Court in the case of Central Bank of India and Another vs. Smt. Prabha Jain
    and Others, 2025 (4) SCC 38, wherein it has been held that the relief of
    declaration of title, partition in respect of the property cannot be decided by
    the DRT and for the said relief, the jurisdiction in respect thereof vests with
    the civil Court. He submits that in the pending civil suit, the respondent Nos.
    1 and 2 are seeking protection of their title and interest qua their share in the
    property jointly owned and possessed by them alongwith respondents No.3, 4
    and 5. The said relief cannot be granted by the DRT and therefore, the civil
    suit filed by them is maintainable. It is also pointed out by the learned
    counsel appearing for the respondents that prior to passing of the order dated

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
    14:46:41
    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

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    22.12.2025, impugned in the present petition, the learned trial Court, vide
    order dated 08.12.2025, has rejected the application preferred by the
    petitioner under Order 7 Rule 11 CPC seeking rejection of the plaint on the
    very same grounds as are argued and raised in the present petition. The
    petitioner though had filed the present petition on 15.01.2026, but the factum
    of rejection of their application under Order 7 Rule 11 CPC raising same
    grounds has been conveniently suppressed by the petitioner. There is no
    disclosure whatsoever as regards the rejection of the application under Order
    7 Rule 11 CPC
    by the petitioner. He submits that once, the trial Court,
    rightly or wrongly, has decided the issue of jurisdiction and declined to
    reject the plaint by rejecting the application seeking dismissal filed by the
    petitioner, the said judicial order, though interlocutory, binds the parties till it
    is set aside by any higher forum. As per the knowledge of respondents No.1
    and 2, the petitioners have not challenged the order dated 08.12.2025 passed
    by the trial Court and therefore, cannot be permitted to argue the grounds
    afresh without challenging the order dated 08.12.2025.

    9. At this stage, in rejoinder arguments, learned counsel appearing for
    the petitioner submits that the order of rejection of their application under
    Order 7 Rule 11 CPC by the learned trial Court vide order dated 08.12.2025
    is challenged and pending before this Court in Civil Revision
    (C.R.)No.264/2026. However, in the present case, the issue arising for

    consideration is whether, the injunction could have been granted by the trial
    Court or not. He is unable to dispute the fact that there is absolutely no
    disclosure of rejection of the petitioner’s application filed before the learned

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
    14:46:41
    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    7 MP-337-2026
    trial Court under Order 7 Rule 11 CPC vide order dated 08.12.2025 in the
    present petition.

    10. Heard the learned counsel appearing for the parties and perused the
    record.

    1 1 . Admittedly, the proceedings under Section 94 of CPC are
    supplemental in nature. The perusal of the order dated 22.12.2025 indicates
    that the application filed under Section 94 of CPC by respondents No.1 and 2
    was opposed by the petitioner primarily on the ground of alleged bar of the
    jurisdiction of the civil court to grant the final relief in terms of Section 34 of
    the SARFAESI Act, 2002. However, the learned trial Court, placing reliance
    upon the judgment of the Apex Court in the case of Prabha Jain (supra) ,
    rejected the said grounds and finding that in case, the suit property is
    alienated during the pendency of the suit, which has raised legal issues for
    adjudication, the same would incur in multiplicity of proceedings and cause
    irreparable injury to the plaintiffs thereby, restrained the petitioners from
    alienating the suit property till disposal of an application under Order 39
    Rule 1 and 2 CPC.

    12. It is noteworthy that the petitioner before this Court in the present
    petition is a nationalized bank falling within the ambit of “State” as defined
    under Article 12 of the Constitution of India. Therefore, it was all the more
    incumbent upon the petitioners as well as the Officer In Charge (“OIC”) of
    the case that they ought to have disclosed all material facts in the present
    petition. However, the petitioners very conveniently suppressed the material
    facts that they had moved an application under Order 7 Rule 11 CPC seeking

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
    14:46:41
    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    8 MP-337-2026
    rejection of the suit filed by the respondents No.1 and 2 on the very same
    grounds and that the learned trial Court, v i d e order dated 08.12.2025,
    rejected the said application, thereby holding the civil suit to be
    maintainable.

    13. It is the duty of litigants to disclose all material facts required for
    the decision-making process of the Court, and the failure to do so disentitles
    them from the grant of relief. This aspect has also been impressed upon by
    the Apex Court in the case of Bhaskar Laxman Jadhav and Others vs.
    Karamveer Kakasaheb Wagh Education Society and Others
    , 2013 (11) SCC
    531 wherein it has been observed that:

    “44. It is not for a litigant to decide what fact is material
    for adjudicating a case and what is not material. It is the
    obligation of a litigant to disclose all the facts of a case
    and leave the decision-making to the court. True, there
    is a mention of the order dated 2-5-2003 in the order
    dated 24-7-2006 passed by the JCC, but that is not
    enough disclosure. The petitioners have not clearly
    disclosed the facts and circumstances in which the order
    dated 2-5-2003 was passed or that it has attained
    finality.

    xxx-xxx-xxx-xxx

    46. More recently, in Ramjas Foundation v. Union of
    India
    [(2010) 14 SCC 38 : (2011) 4 SCC (Civ) 889] the
    case law on the subject was discussed. It was held that if
    a litigant does not come to the court with clean hands,
    he is not entitled to be heard and indeed, such a person
    is not entitled to any relief from any judicial forum. It
    was said: (SCC p. 51, para 21)
    “21. The principle that a person who does not
    come to the court with clean hands is not entitled
    to be heard on the merits of his grievance and, in
    any case, such person is not entitled to any relief is
    applicable not only to the petitions filed under
    Articles 32, 226 and 136 of the Constitution but
    also to the cases instituted in others courts and
    judicial forums. The object underlying the

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
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    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    9 MP-337-2026
    principle is that every court is not only entitled but
    is duty-bound to protect itself from unscrupulous
    litigants who do not have any respect for truth and
    who try to pollute the stream of justice by
    resorting to falsehood or by making misstatement
    or by suppressing facts which have a bearing on
    adjudication of the issue(s) arising in the case.”

    [Emphasis Supplied]

    14. In the considered opinion of this Court, since the aforesaid order
    dated 08.12.2025 was passed by the trial Court prior to the impugned order
    dated 22.12.2025, and the order impugned in the present petition is sought to
    be challenged on similar grounds of maintainability of the suit itself, then, it
    was incumbent upon the petitioners to have placed on record the order dated
    08.12.2025 passed by the learned trial Court but, the same has been
    suppressed, all the more, the factum of rejection of the application under
    Order 7 Rule 11 CPC has been suppressed in the present petition, therefore,
    this Court has no hesitation to hold that the petitioner had not approached
    this Court with clean hands. Thus, on this ground alone, the petitioner is not
    entitled to any equitable relief before this Court.

    15. Further, as has been admitted by the learned counsel appearing for
    the petitioner during the course of arguments, the order dated 08.12.2025
    passed by the learned trial Court rejecting the application under Order 7 Rule
    11 CPC
    has been challenged by the petitioner/Bank in Civil Revision (C.R.)
    No.264/2026. The issue as regards the maintainability of the suit filed by the
    respondents No.1 and 2 is, therefore, required to be considered and decided
    in the pending Civil Revision arising out of the main proceedings, and the
    petitioners cannot be permitted to seek adjudication of the said issue in the
    present petition arising out of supplemental proceedings.

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
    14:46:41

    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    10 MP-337-2026

    16. The judgments relied upon by the petitioners’ counsel on the
    question of maintainability of the suit are, therefore, not required to be
    adverted to at this stage. It is open for the petitioner to make his submission
    in the said regard in the pending Civil Revision (C.R.) No.264/2026.

    17. Be that as it may. In Preetpal Singh and Ors. v. State of M.P and
    Ors.
    , 1988 JLJ 549, it was held that Section 94 of CPC deals with
    supplementary proceedings and does not press the merits of the case and as
    such, the trial court has the jurisdiction to pass an order under Section 94
    without deciding the merits of the case. The Court before which a question of
    jurisdiction is raised has power to issue interim injunctions without first
    finally deciding the question of jurisdiction. Therefore, on this count also, the
    present petition does not have any merit.
    Relevant para of Preetpal Singh and
    Ors.
    (supra) is reproduced here under:

    “5. After hearing the counsel, I am satisfied that this
    appeal deserves to be allowed with a direction to the
    lower Court to reconsider the matter afresh on the
    question of prima facie case leaving aside the question
    of jurisdiction involved. My reasons for the same are as
    under:-

    While hearing the matter pertaining to the grant of
    temporary injunction, the Court cannot be regarded
    to deal with the suit on merits. The proceedings
    pertaining to the grant of temporary injunction are
    supplemental proceedings, which so not press
    merits of the Case. This is clear from Sec. 94 C. P.
    C. which deals with supplemental proceedings and
    clause (c) whereof, deals with the power of the
    Court to grant temporary injunction. A Court,
    before which a question of jurisdiction has been
    raised, has power to issue an interim injunction
    without first finally deciding the question of
    jurisdiction. Since prima facie until such question
    is decided in the negative, a Court has jurisdiction

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    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    11 MP-337-2026
    to do all acts and take any action that may be
    sanctioned by law in connection with the Case.

    This is what has been held by Tapp, J. in Allah
    Baksh Fazal Din v. Koran Chard
    MANU/LA/0435/1931 : AIR 1931 Lah 690. Such
    a situation arose first before this Court in the case
    of M, P. S. v. R. T, C, v. Amarsingh (Civil
    Revision No.
    879/81) decided on 27-4-82 by late
    Hon, Shri Justice H. G. Mishra, who held that
    when such a question is referred, the plaintiff has
    to satisfy the Court that he has fair question as to
    the existence of a legal right, claimed by him in
    the suit, is well recognised in India as well as in
    England.
    Again the Division Bench of this Court
    in the case of Naresh Kumar (Supra) held that
    when a question of jurisdiction of Civil Court is
    raised and the Court is considering the case of
    grant or refusal of temporary injunction, the Court
    has no jurisdiction to decide the suit on the basis
    of the reply filed under O. 39, Rr. 1 and 2 C.P.C.,
    to say that the Court has no jurisdiction and suit is
    barred under the provisions of the M. P.
    Cooperative societies Act. The Division Bench
    further observed in that case that can only be done
    after the written statement is filed and a
    preliminary issue is raised and is decided.

    Thereafter again this matter came before this Court
    in Laxminarayan v. State of M. P. 1988 MPWN
    (1) 117 wherein this Court held that the question
    relating to the maintainability and jurisdiction of
    the Court can-not be decided after the written
    statement is filed and the issue is raised. This is
    not the stage, while considering an application
    under O. 39 Rr. 1 and 2 C. P. C. Even assuming
    that the Court has no jurisdiction, the Court has
    power to grant temporary injunction. Hence, this is
    well settled that while considering the application
    for grant of temporary injunction, the Court has to
    apply its mind to see whether on the plaint
    allegations or on facts, a prima facie case has been
    made out or not. In my opinion, the trial Court
    committed an illegality while rejecting the
    application of the plaintiffs’ on the ground that the
    Civil Court’s jurisdiction was barred. Though the

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    Signing time: 14-07-2026
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    NEUTRAL CITATION NO. 2026:MPHC-GWL:20464

    12 MP-337-2026
    trial Court held that there is an irreparable injury
    and the balance of convenience is in favour of the
    plaintiff. But the trial Court, in my opinion, has
    not applied its mind to the facts whether the facts
    pleaded and the documents produced, a prima
    facie case, a fair question to be tried has been
    made out or not. In such circumstances, it is not
    possible for this Court in the appellate jurisdiction
    to grant temporary injunction at this stage and it is
    proper to direct the trial Court to pass a suitable
    order after considering whether the plaintiffs have
    made out a prima facie case or not.”

    [Emphasis Supplied]

    18. In the peculiar facts and circumstances of the case and in view of
    the considerations made hereinabove, no case for interference in the present
    proceedings in exercise of jurisdiction under Article 227 of the Constitution
    of India having limited scope of interference is made out. Accordingly,
    interference is declined, and the present miscellaneous petition is dismissed.

    (AMIT SETH)
    JUDGE

    AK/-

    Signature Not Verified
    Signed by: ANAND KUMAR
    Signing time: 14-07-2026
    14:46:41



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