M.S.subbarao (Advocate) 02 October 2009
Have the Banks and Financial Insitutions option to file a regular civil suit for recovery mortgage debt , even when the debt due is more than Rs. 10 lakhs, instead of proceeding under DRT ACT or SARFESAI Act. Can the District judge refuse to entertain the plaint of the bank in such a case on the ground that he has no jurisdiction.
Kiran Kumar (Lawyer) 02 October 2009
Mr. Subbarao, pls have reference to S.34 of the SARFAESI Act, i think District Judge/ Civil Court can decline to entertain such petition/ plaint.
Y V Vishweshwar Rao (Advocate ) 03 October 2009
N.Ramakrishnan (Advocate/ Senior Partner) 03 October 2009
Mr. Subbarao,
Mr. Kiran is right in his opinion.
Thanks,
Ramakrishnan, ADV
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