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H. P. SANDESH
Shree Garodi Steels – Appellant
Versus
Yojaka India Private Ltd. – Respondent
JUDGMENT :
1. This Second Appeal is filed against the divergent finding of the First Appellate Court passed in R.A.No.9/2023 dated 30.10.2023 on the file of Prl. Senior Civil Judge and CJM, Mangaluru.D.K in allowing the appeal and setting aside the order passed by the Trial Court in allowing the application filed under Order 7 Rule 11(d) of CPC.
2. This second appeal listed for admission and with the consent of both the counsel, heard the appeal on merits.
3. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.
4. The factual matrix of case of plaintiff/respondent before the Trial Court that he has prayed restrain the defendant in interfering with peaceful possession and enjoyment of the suit schedule property consequent upon purchase made by the defendant/appellant herein. The suit schedule property which was purchased in the auction and contend that no possession is delivered to the auction purchaser. It is also contended that he had borrowed the loan and could not repay the amount and hence, the creditor Bank of Baroda classified the plaintiff’s company account as NPA on 01.04.2017 and proceeded fo
Civil courts cannot entertain suits regarding matters under the SARFAESI Act, including injunctions against auction purchasers, as jurisdiction lies exclusively with the DRT.
Civil Courts have jurisdiction in SARFAESI Act matters only when the secured creditor has not initiated actions under the Act. Limitation laws apply strictly to such actions.
Under Section 17, it implies the phrase “any person aggrieved by any of the measures under Section 13(4)” which implies any and every action resorted to by the bank, it is authorised to take recourse....
The civil court retains jurisdiction to adjudicate on the validity of sale and mortgage deeds under the SARFAESI Act, and a plaint cannot be partially rejected under Order VII Rule 11.
Civil courts lack jurisdiction in matters under the SARFAESI Act, as grievances must be addressed to the DRT, per Section 34.
The SARFAESI Act does not render a sale agreement void if executed without the secured creditor's consent; rather, it allows for specific performance as long as the secured creditor's rights are pres....
Application against measures to recover secured debts – Jurisdiction - Jurisdiction of Civil Court is not ousted. However, Civil Courts have to be extremely cautious while granting any interim order ....
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