Whether forum jurisdiction ousted ?

Software Consultant

After filing consumer case and during hearing while losing on merits, bank invoked SARFAESI measures to pervert the course of justice. Is the Forum's jurisdiction ousted and the subsequent order infructuous even if order comprises no injunction against SARFAESI measures? Expert lawyers may opine inview of Sec 3 of Consumer Protection Act and Sec 34 & 35 of SARFAESI Act .

 
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Advocate

No comments without knowing the complete details of the case.

 
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Software Consultant

Given details are enough to answer the question of law and I cannot divulge further details on this public platform, one of the objects being sharing of legal knowledge. Nevertheless you are entitled to your view. Thanks.

 
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FIN

Discuss in person with a very able LOCAL  senior counsel of unshakable repute and integrity specializing in consumer/DRT matters and well versed with applicable rules/laws and having successful track record…. and worth his/her salt

 
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Software Consultant

Mr Kumar Doab, your suggestion goes unstated. Nevertheless Thanks!  As this platform is not mere fishing grounds for litigants, I am hopeful of a free opinion from somebody else.

 
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FIN

Mr. Raghavender you need to post after your comments that who told you verbally or in writing that I fish for litigants?

 



 

 
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FIN

Also you need to believe that I don't fish for litigants at LCI.

TO this moment and this date I have not earned a sigle penny from LCI......

My illustrated posts with proper citations are available in threads, Articles, Files..... etc at LCI.....and all are FREE for everyone..

The number is huge and I spend quality time and contribute...and treat querists, mmebers,Experts, LCI Admin with care, respect and compassion..  

While you can continue to look for your free advise...

You need to post  reply in previous post. 

 
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Lawyer in Hyderabad.wats app no.9989324294

Please read on the following  in  inview of Sec 3 of Consumer Protection Act and Sec 34 & 35 of SARFAESI Act .

https://indiankanoon.org/doc/2818271/

 
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Legal Enthusiast

Dear Raghvendra,

You might have filed consumer case for a different cause of action and bank might have initiated the proceddings under separate cause of action.

Regards

kapoor.legal@gmail.com

 
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Software Consultant

Rama Chary R sir, Thank you for the link. It was definitely educating but my question still lingers, can a bank which is loosing a case before Consumer Forum simply shoot a 13(2) notice frivolously and misuse SARFAESI Act as an instrument of oppression just to frustrate availment of remedy under CPA,1986 then seek grounds of jurisdictional transgression.

Dear Rahul Kapoor sir, Thank you too. The cause of action are identical with no change in legal position of both parties. Thank you.

I appreciate your response.

 
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