SERFACIE ACT
Shyam Ji Srivastava
(Querist) 14 August 2009
This query is : Resolved
Under SERFACIE ACT Civil Court has got NO power to entertain any suit, but in a case under this Act one of the Senior Civil Judge has granted INJUNCTION and stayed Auction Proceeding. However Civil Court Bars under Section 34 of this Act and also any person who is annoyed from the proceeding under this Act may file Appeal before DRT. But Senior Civil Judge granted Injunction.
Anyone can provide any CITATION that civil court can not entertain suit which is subject matter under this Act. Please help earliest.
Thanks
Shyam Ji Srivastva
Advocate
sheeba
(Expert) 14 August 2009
Sir,
SARFAESI ACT is meant only to give assistance to the applicant to take physical delivery of possession. Civil courts do not have any sort of jurisdiction in this matter. But aggrieved by the S.13 (2) notice defendant can move before the DRT or High court seeking some remedy only for the purpose of giving instalment prayers.
A plain reading of the act will be sufficient to show this.
This is a very ridiculous attitude of the court of law and that is to be challenged before the high court.The injunction is liable to be vacated.
thanks and regards
Shyam Ji Srivastava
(Querist) 15 August 2009
Dear Sheeba,
Thanks for reply. you are 100% correct. but nowadys the courts do not wants to see the Act nor they want to listen any thing aginst if he is interested. Sec 34 and Sec 17 is very clear but sorry...........
Any way thanks again
Shyam Ji Srivastava
Advocate
09839028040
KANPUR-UP
KamalNayanSaxena
(Expert) 22 August 2009
To a very limited extent jurisdiction of the Civil Court can also be invoked, where for example, the action of the secured creditor is alleged to be fraudulent or their claim may be so absurd and untenable which may not require any probe whatsoever or to say precisely to the extent the scope is permissible to bring an action in the Civil Court in the cases of English mortgages.
Shyam Ji Srivastava
(Querist) 23 August 2009
Dear Saxena Saheb,
I am not agree with your views. Kindly read Section 34 of the said Act. however thanks for reply.
Shyam Ji Srivastava
Advocate
09839028040
