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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Tourism Finance Corporation of India Limited – Appellant
Versus
Aishwarya Chetan Khedkar @ Aishwarya – Respondent
| Table of Content |
|---|
| 1. background of sarfaesi enforcement and partition injunction dispute (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. sarfaesi bars civil jurisdiction; suit collusive; properties self-acquired (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. post-injunction sale void; properties ancestral per records (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 4. civil court jurisdiction intact for non-borrower coparceners (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. appellate court corrects perverse discretionary denial of injunction (Para 35 , 36 , 37 , 38 , 39) |
| 6. mutation entries confirm ancestral character of suit properties (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 7. borrower conduct does not defeat coparcener's prima facie rights (Para 48 , 49) |
| 8. secured creditor defiantly sold property post-injunction knowledge (Para 50 , 51 , 52 , 53 , 54) |
| 9. property transfers violating injunction orders are illegal and void (Para 55 , 56 , 57 , 58 , 59 , 60 , 61) |
| 10. writ dismissed; impugned injunction order upheld (Para 63 , 64) |
JUDGMENT :
N.J.JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.
2. The Petitioner –
Civil court jurisdiction not barred under SARFAESI for coparcener's (non-borrower) partition suit on ancestral property; appellate court may correct trial court's perverse injunction refusal; post-in....
Civil Courts retain jurisdiction over partition disputes despite the SARFAESI Act barring jurisdiction in matters concerning measures taken by secured creditors.
The main legal point established in the judgment is that the validity of a property transaction during the pendency of a suit is subject to the outcome of the suit, and the Court may grant injunction....
The court established that suppression of material facts regarding a mortgage can bar a civil suit under Section 34 of the SARFAESI Act.
The main legal point established in the judgment is that a plaintiff cannot suppress material facts to avoid a statutory bar and maintain a suit. The Court has the authority to consider circumstances....
The main legal point established in the judgment is the court's authority to restrain a party from alienating properties during the pendency of a civil suit, based on the principles of prima facie ca....
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