Mr. Surendra Gupta,
Please remember that neither High Courts nor Supreme Court make any law. The courts only interpret law. It is only Parliament which has power to make law. As a banker you should read the land mark judgment delivered by Supreme Court in Mardia Chemicals case(AIR 2004 SC.2371) to avoid such confusion. The Hon'ble Supreme Court exhaustively dealt with each and every provision of the Act.
Civil Court's jurisdiction is ousted u/s 34 of the SARFAESI Act by Parliament in respect of certain matters which are conferred to DRTs with exclusive jurisdiction to deal with them and decide. This is to avoid delay in recovery. SARFAESI Act is enacted base on the recommendations of Andhyarujina Committee Report 2000. Mr. Andhyarujina ( former Solicitor General of India) who examined the entire legal system relating to recovery of banks debts, opined that adjudication process is main casuse for the delay in recovery of banks debts through DRTs or Civil Courts on account of lengthy process of adjudication. SARFAESI Act is framed in converse way to adjudication system. Instead of adjudication the word scrutiny is put in place. Thus "execution first and adjudication next" is the present system under this special enactment. Hence the jurisdiction of Civil Court's is ousted u/s 34 of SARFAESI Act to ensure that they do not interfere with the action initiated by the bank as per the statutory power conferred to it.. However the Supreme Court in the above cited case held that for cetain matters (Eg. Fraud, Misrepresentation, etc) which require application of CPC & Evidence Act are not under the purview of DRTs, Civil Court alone has Jurisdiction to decide the matters tainted with fraud, misrepresentation etc.. Supreme Court in Nahar Industrial Enterprises Vs. H.S.B.C. [2009 (8)S.C.C. 646] held that the DRT is not bound by CPC or Evidence Act and it has to frame its own regulations based on Principles of Natural Justice and decide the matters filed before it. DRT can not grant declaratory or specific reliefs to borrowers like civil courts. Hence if any such claims are made the party has to approach civil court as DRT has no jurisdiction to deal with such matters and such matters have to be decided by civil court only. If borrower approaches Civil Court for any such reliefs, you as a banker have to examine the case and contest it if it is false and frivolous suit.