Supreme Court · 2016 INSC 1007 · Decided 8 November 2016

State Bank of Patiala v. Mukesh Jain & ANR.

Court
Supreme Court of India
Citation
2016 INSC 1007 · [2016] 8 S.C.R. 427
Case number
CIVIL APPEAL No. 210/2007
Decided
8 November 2016
Bench
ANIL R. DAVE, L. NAGESWARA RAO (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; SARFAESI Act Section 34

Headnote

427 STATE BANK OF PATIALA v. MUKESH JAIN & ANR. (Civil Appeal No. 210 of2007) NOVEMBER 08, 2016 [ANIL R. DAVE AND L. NAGESWARA RAO, JJ.) A B Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - ss. 13(4), 17 and 34 - Suit against proceedings debars the jurisdiction of the Tribunal in respect of debts below Rs. JO lakhs - Held: The jurisdiction of civil court is barred in respect of action taken under the SARFAESl Act and the remedy available is before the Tribunal under DRT Act - As per s. I (4) of DRT Act, D provisions of DRT Act

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