JUDGMENT :

SANDEEP K. SHINDE, J.

1. Section 13 of the SARFAESI Act deals with enforcement of security interest without intervention of the Court or Tribunal but in accordance with the provisions of the said Act. In the case of Jagdish Singh vs. Hiralal, 2014 (1) SCC 479, the Apex Court has held that, when the secured creditors proposed to proceed against secured assets, Sub-Section (4) of Section 13 envisages various measures to secure the borrowers’ debt. One of the measures provided by the Statute is, to take possession of secured assets of the borrower including the right to transfer by way of lease, assignment for realising secured assets. Any person aggrieved by any of the measures referred to in Sub-Section (4) of Section 13 has got the statutory right to Debts Recovery Tribunal (‘DRT’ for short) under Section 17.

2. Therefore, if any aggrieved person has got any grievance against any “measure” taken by the borrower under Sub-Section (4) of Section 13, remedy is to approach the DRT and not the Civil Court. The Civil Court in such circumstances has no jurisdiction to entertain any suit or proceeding in respect of those matters, which fall under sub-section (4) of Section 13 of th