Drt act
SRINIVAS SURVI
(Querist) 12 July 2013
This query is : Resolved
After passing a decree in civil court whether adducing of fresh evidence is necessary before DRT in OA to obtain a recovery certificate
Advocate M.Bhadra
(Expert) 12 July 2013
There are separate forum but the same cause of action,please note the sec.34 of the SARFEASI Act.
34. Civil Court not to have jurisdiction.- No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court.
N THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2007
CORAM
THE HON'BLE MR.JUSTICE S.ASHOK KUMAR
CRP (PD) No.829 of 2007
and
M.P. No.2 of 2007
Bank of India
rep.by its Branch Manager
Lakkampatti Branch
No.70
Sathi Main Road
Karatadipalayam
Gobichettipalayam 638 453. ... Petitioner Vs.
1. N.Natarajan
order;;----
For the foregoing reasons, this court holds that the very suit filed by the first respondent is not maintainable and liable to be rejected in view of the specific bar contained in Section 34 of the SARFAESI Act. Consequently, the order dated 10.11.2006 made in I.A.No.784 of 2006 in O.S.No:227 of 2006 on the file of the learned District Munsif Court, Sathyamangalam is set aside. Consequently, connected M.P is closed. However, there is no order as to costs.
R.K Nanda
(Expert) 12 July 2013
yes, it is necessary.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 July 2013
The case law seems to be for opposite situation that is civil court has no jurisdiction when matter is far DRT.
What I understand the problem is that after passing decree by civil court whether DRT HAS JURISDICTION and that is whether for obtaining recovery certificate it can be invoked.
Raj Kumar Makkad
(Expert) 13 July 2013
Both the issues are separate. When civil court has jurisdiction, there is no question to obtain Recovery certificate for the same issue from DRT and the same is situation vice versa so the question seems imaginary.
