Standard Chartered Bank Through its Authorised Officer, Mr. Ajay Rana VS Virendra Rai, S/o Late Sh. Patu Rai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

J.M.Malik, Vinay Kumar
Standard Chartered Bank Through its Authorised Officer, Mr. Ajay Rana – Appellant
Versus
Virendra Rai, S/o Late Sh. Patu Rai – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Sanjeev Sagar, Advocate.
For the Respondent: Nemo.

ORDER

J.M. Malik, Presiding Member—The Civil Court or any other authority can not arrogate to itself the right to make decisions or interfere with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short ‘SARFAESI Act’). Here lies the rub in Section 34 of SARFAESI Act which reads as follows:-

“34. Civil court not to have jurisdiction. – No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken in pursuance of any power conferred by or under this Act or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993)”.

2. The State Commission, Lucknow, presided over by S/Sh. Rampal Singh, Presiding Member and Jugal Kishore, Member, passed the following order:-

“… The petitioner states that in order dated 24.07.2011 the Consumer Forum has ordered the petitioner bank that during the pendency of this case, the petitioner shall not take possession of propert

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J.M.Malik, Vinay KumarStandard Chartered Bank Through its Authorised Officer, Mr. Ajay Rana – AppellantVersusVirendra Rai, S/o Late Sh. Patu Rai – Respondent

Cases Referred (3)

J.M.Malik, Vinay Kumar
Standard Chartered Bank Through its Authorised Officer, Mr. Ajay Rana – Appellant
Versus
Virendra Rai, S/o Late Sh. Patu Rai – Respondent