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SHAMPA DUTT (PAUL)
Bank of Baroda – Appellant
Versus
Jainex Metalliks Ltd. – Respondent
JUDGMENT :
(Shampa Dutt (Paul), J.) :
1. In the instant criminal revisional application, the petitioners have prayed for quashing of the proceedings in Complaint Case No. CS/21374 of 2019 under Sections 120B /403 /409 /418 /420 /380 /500 /384 /511 of the Indian Penal Code, pending before the Court of the Learned 19th Metropolitan Magistrate, Calcutta.
2. The petitioners’ case is that:-
(b) The petitioner nos. 2 to 6 are the officers of the Petitioner no. 1 Bank. Petitioner No. 7 is the Managing Director of Bank of Baroda and having his office at Mumbai.
(c) That the opposite party being the borrower of petitioner no.1 filed a Complaint Case No. CS/21374 of 2019 alleging commission of offence punishable under Sections 120B/403/409/418/420/380/500/384/511 of the Indian Penal Code.
3. The allegations made in the petition of complaint is that the petitioner no. 1 Bank of Baroda did not grant credit facility to the opposite party. The prayer of the opp
Compensation claims against banks for theft during possession must be addressed in civil court, as writ jurisdiction is barred by SARFAESI Act.
The court quashed proceedings under Section 340 CrPC, ruling that allegations of forgery lacked merit and constituted an abuse of process due to pending appeal in Debt Recovery Appellate Tribunal.
The jurisdiction of the civil court is excluded in matters related to the classification of loan accounts as NPA under the SARFAESI Act.
The SARFAESI Act provides a complete legal framework for secured creditors, ensuring that their actions are protected when conducted in good faith, and establishes that criminal proceedings cannot be....
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.
The main legal point established in the judgment is that the protection provided under Section 32 of the SARFAESI Act, 2002 can be invoked to quash criminal proceedings when the actions are taken in ....
The jurisdiction of a civil court is not barred under the relevant debt enforcement act where the dispute relates to the fundamental nature of the security interest or mortgage, as such matters do no....
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