...the Bank, the 2nd defendant filed an application under Order 7 Rule 11(d) read with Section 151 of CPC stating that the jurisdiction of the Civil Court is barred under Section 34 of SARFAESI ...for recovery of the loan under the provisions of the SARFAESI Act, the present suit is barred as specified under Section 34 of the SARFAESI Act. 3. Section 34 of the ...taken by the respondent - Bank under the provisions of the SARFAESI Act cannot be adjudicated by Civil Court. In the present case, the suit is filed for recovery of the alleged loan amount due from the...

....117 of 2017 filed by Victoria Resort, dismissing the application under Section 17 as pre mature. The proceedings initiated under the SARFAESI Act have been challenged to the Civil Court. ...from the reading of Section 34 that jurisdiction of the Civil Court is barred, once the proceedings under the SARFAESI Act have been initiated. Still further, as per section 17 of the ...Interest Act, 2002 (hereinafter to be referred as the SARFAESI Act) are bad, illegal and void ab-initio. The prayer made in the suit is extracted as under:- 16. It...

...on the ground of maintainability of the suit and jurisdiction of the civil Court, specifically pleading therein that jurisdiction of the civil Court was barred under Section 34 of the ...trial Court, after discussing the law laid down by the Hon'ble Apex Court, whereby jurisdiction of the civil Court in the matters which are covered under the SARFAESI Act, is spe...appropriate remedy available to the petitioners was under Section 17 of the SARFAESI Act to challenge the recovery proceedings against respondent No.2. The trial Court, after hearing both the sides...

...interest over his assets and the Bank is entitled to proceed under the SARFAESI Act and this Court has no jurisdiction. 4. That jurisdiction of the Civil ...34 of the SARFAESI Act is indisputable. Therefore, the above observation of the Ld. Court below is correct. The appropriate remedy, in case the petitioner-plaintiff was aggrieved by the impugned...notice, lay in approaching the prescribed Forum under the SARFAESI Act, more particularly since there was no averment to the effect that the respondent- Bank itself was in active connivance with the other...

...the respondents under the SARFAESI Act. Section 34 of the SARFAESI Act puts a bar on the civil court. Bar contained in Section 34 of the SARFAESI Act reads as ...not deposited by the appellant. It is stated that the entire action taken against the appellant by the respondents was based under the SARFAESI Act and as such complaint itself was not maintainable...Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery...

...heard on day-to-day basis; and (iv) the petitioner-Institute shall also be at liberty to point out to the Court that under the SARFAESI Act, the jurisdiction of the Civil Court is express...the provisions of the SARFAESI Act. The Notice under Section 13(2) of the SARFAESI Act was accordingly issued; objections were invited from the respondents followed by Notice under Section 13(4) o...Act. The petitioner-Institution also applied to the District Magistrate, SAS Nagar, Mohali, under Section 14 of the SARFAESI Act to take physical possession of the 'secured assets' and...

...Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') had been initiated by the 1 of 3 ...Civil Court is barred under Section 34 of the SARFAESI Act. Relying upon the judgments rendered by the Hon'ble Supreme Court in Civil Appeal No.9771 of 2013 titled as 'Jagdish S...submitted that the Courts below are not even supposed to interfere in the process of recovery once the process is initiated under the SARFAESI Act. Hence, the interim order granted by the Trial Court...

...third respondent committed default in paying the loan, the Bank invoked the provisions of the SARFAESI Act and after following the procedure under sections 13(2) and 13(4) of the sarfaesi act, the possessi...that the Bank is a Nationalised Bank, have got authority to initiate proceedings under the SARFAESI Act, whenever any loan has become a non-performing asset; that as the third respondent failed to pay the loan amount, the B...Tribunal under this subsection. Sec. 34 of the SARFAESI Act reads as follows: 34. Civil Court not to have jurisdiction: No civil court shall h...

...under Section 17(1) of the SARFAESI Act before the Debts Recovery Tribunal. Ms. Vatsala, learned counsel for the respondent- Bank, opposing the writ petition, has submitted that the suit itself was not maintainable in view ...Section 17(1) of the SARFAESI Act before the Debts Recovery Tribunal. Instead, the petitioner opted by filing the Suit No.28 of 2023 for declaration and prohibitory injunction against the Bank. Both th...the jurisdiction of the civil court is either expressly or impliedly barred under any other law for the time being in force. I have heard learned counsel for the...

...light of the overriding effect of the Sarfaesi Act, the District Commission has not granted any interim injunction to the complainant but the State Commission, in the revisional jurisdiction, has granted interim injunction ...Interest (Sarfaesi) Act, 2002 and on their application, symbolic possession over the property of the complainant was taken on 04.06.2022. The petitioner gave a date for auction on 06.08.2022. In the...petitioner from auctioning the residential property of the petitioner. The petitioner has initiated proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security...

..., the learned Single Judge held that in view of Section 34 of SARFAESI Act, no Civil Court shall have jurisdiction to entertain the Suit. The learned Single Judge further held that even though prayers in t...its liability. The learned Counsel would further submit that Section 34 of SARFAESI Act bars the jurisdiction of the Civil Court and in view of the express bar under Section 34, the Suit is not...therefore, only the Civil Court has jurisdiction to adjudicate upon the same.13. In terms of Section 34 of SARFAESI Act, jurisdiction of the Civil Court is barred...

...property had been auctioned under the SARFAESI Act and the civil court has no jurisdiction to question that auction under Section 34 of the SARFAESI Act. It is his conte...execution petition.6. No doubt, as per Section 34 of the SARFAESI Act, the civil court was completely ousted from questioning any orders passed under the provision of SARFAESI ...barred under law. The civil court's jurisdiction cannot be taken away, merely on the basis of provisions under Section 34 of the SARFAESI Act. What is sought to be established in the ...

...passed by the DM, Yamuna Nagar, it is crystal clear, the proceedings under the Sarfaesi Act had been initiated against the complainant party before the institution of the complaint and once the proceeding under the...amount of loan and if the opponent gave exact amount which is recoverable, then they are ready to pay. So, the pendency of proceeding under the Sarfaesi Act does not preclude this Commission to...proceed further in the matter as envisaged under Section 34 of the Sarfaesi Act. The view of this...

..., Defendants 1 to 4 remained ex parte. The 5th Defendant-Bank filed the Written Statement contending as follows:As per Section 34 of SARFAESI Act, Civil Court has no ...under Section 13 of SARFAESI Act, the Plaintiffs filed the Suit for partition. In the Trial Court, the 5th Defendant-Bank raised objection that in view of the express bar under Section 34...specific bar under Section 34 of SARFAESI Act and Section 18 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (in short, “RDDB Act”), Civil Suit is...

...by Uma Devi for the said loan.11. When the very status of the subject secured asset is in doubt and the applicability of the provisions of the SARFAESI Act is open to question, the statutory prohibition posited ...CHEMICALS LTD. v. UNION OF INDIA, the Supreme Court observed that the prohibition under Section 34 of the SARFAESI Act covers matters which can be taken cognizance of by the Debts Recovery Tribunal but to ...and 135 of the Indian Contract Act, 1872, then the civil Court would have jurisdiction to entertain the case as the character of the guarantor is itself denied. By the same analogy, when the status of the ...

...Magistrate under Section 14 of the SARFAESI Act for possession of the property, but in the mean time, the debtor has set up a tenant who approached the civil court and obtained ex parte temporary injunctio...of an application under Section 17 of the SARFAESI Act, 2002 and Security Interest Rules, 2004 and also as per law laid down by the Apex Court in...under Section 13 lies under section 17 of the Act. In support of his submission, learned counsel for the petitioner has relied upon judgment dated 09.08.2011 passed in Civil Misc. Writ Petition No...

...petitioner's bank initiated proceedings under SARFAESI Act and the Civil Court has no jurisdiction to entertain any suit as per Section 34 of the SARFAESI Act. Therefore, the sui...respondents 3, 4, 6 and 7 herein under the SARFAESI Act. / 8. A similar and identical issue was dealt by the Division Bench of the Hon'ble Supreme Court of India with regard to the ...the Act. / Following the same, this Court is of the view that no Civil Court can exercise jurisdiction to entertain any suit or proceedings in respect of any matter, which a DRT or DRAT is empowered by o...

...given by Uma Devi for the said loan.11. When the very status of the subject secured asset is in doubt and the applicability of the provisions of the SARFAESI Act is open to question, the statutory prohibition posited...CHEMICALS LTD. v. UNION OF INDIA, the Supreme Court observed that the prohibition under Section 34 of the SARFAESI Act covers matters which can be taken cognizance of by the Debts Recovery Tribunal but to ...and 135 of the Indian Contract Act, 1872, then the civil Court would have jurisdiction to entertain the case as the character of the guarantor is itself denied. By the same analogy, when the status of the ...

...mind the present position of law, finds that in the instant case the o.p. bank submitted before the Forum that this case is barred by Section 34 of the Sarfaesi Act, 2002 wherein is laid down that the ...Sarfaesi Act before the Debt Recovery Tribunal. U/S 34 of the said Act it is laid down that No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter ...jurisdiction of the Civil Court is bar in case the matter comes under the purview of the jurisdiction of the Sarfaesi Act. In the instant case the petitioner submitted in his petition tha...

...that, when the proceedings are initiated under SARFAESI Act, the civil court has no jurisdiction to try a suit, since there is a specific bar under Section 34 of the SARFAESI ...Finance Company, had given loan to the respondents 1 and 2 and subsequently they initiated action against the respondents 1 and 2 under SARFAESI Act for non payment of the outstanding amount. In such...the petitioner submitted that, the petitioner being a lawful lessee, he should be protected from ejectment proceedings under the SARFAESI Act. To support his contentions, he relied upon the decision...