ORDER :

AVINASH G. GHAROTE, J.

1. A reference is made, for answering the following question :-

“Whether the jurisdiction of a Civil Court to decide all the matters of civil nature, excluding those to be tried by the Debts Recovery Tribunal under Section 17 of the Securitisation Act, in relation to enforcement of security interest of a secured creditor, is barred by Section 34 of the Securitisation Act ?

2. The above question was framed, noticing the apparent discord between the judgment of the Division Bench of this Court in State Bank of India Vs. Jigishaben B. Sanghavi and others, 2011 (2) Mh.L.J. 342 : 2010 SCC OnLine Bom 1868 and State Bank of India Vs. Shri Sagar s/o Pramod Deshmukh and others, 2011 (3) Mh.L.J. 71.

2.1. In Jigishaben (supra) the Court was considering a situation, where the immovable property, a residential flat, was mortgaged with the Bank as a security interest, by the Karta of the HUF. On default, the application before the Debts Recovery Tribunal (for short “the DRT” hereinafter) for recovery was allowed on 17/10/2003 and in the recovery proceedings, the flat was attached and a sale proclamation was issued. On 11/12/2004, a notice under Section 13 (4) of the Se