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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Central Bank of India, through Chembur Branch – Appellant
Versus
Vikas Kashinath Gaikwad – Respondent
| Table of Content |
|---|
| 1. suit seeks rescission of sale agreement due to default. (Para 1 , 2 , 3) |
| 2. rdb act and sarfaesi bar civil jurisdiction over mortgages. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 17) |
| 3. civil court jurisdiction survives for non-borrower rescission claims. (Para 12 , 13 , 14 , 15 , 16) |
| 4. res judicata not ground for order vii rule 11 rejection. (Para 18 , 19 , 20 , 21 , 22) |
| 5. drt jurisdiction limited; civil court plenary unless barred. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 6. sarfaesi does not bar civil suits by third parties. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. precedents clarify no drt jurisdiction for rescission reliefs. (Para 38 , 39 , 40) |
| 8. plaint cannot be rejected partially under order vii rule 11. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
| 9. revisions dismissed; suit proceedings to continue unhindered. (Para 54 , 55 , 56 , 57 , 58) |
JUDGMENT :
N.J. JAMADAR, J.
1. All these Revision Applications are directed against identical orders dated 15th June 2024 passed by the learned Civil Judge, Senior Division, Panvel, whereby the Applications preferred by the Applicant-Defendant No.2, purportedly seeking the framing and trial of issue
Civil courts retain jurisdiction for developer's suit declaring agreement rescission and mortgage non-binding, as such reliefs fall outside DRT's recovery jurisdiction under RDB Act; no partial plain....
The jurisdiction of the civil court is excluded in matters related to the classification of loan accounts as NPA under the SARFAESI Act.
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.
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 ....
Rejection of plaint - Grant of interim protection would not preclude Civil Court from entertaining an application for rejection of plaint as it can be entertained at any stage of suit
Civil courts lack jurisdiction under Section 34 of the SARFAESI Act for matters within the DRT's purview, and vague fraud allegations do not suffice to maintain a civil suit.
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