VINEET KOTHARI
MOHAN LAL – Appellant
Versus
DWARKA PRASAD – Respondent
( 1 ) TWO important questions of law arise for consideration in the present first appeal and on this arguments of not only learned counsel for the appellants and respondents were heard by this Court at length, but besides that learned counsel appearing in other cases involving same question, also addressed the Court in the present appeal as Amicus Curiae and they were heard at length. The questions are-
1) "whether after enactment of the securitisation and Reconstruction of Financial Assets and Enforcement of security Interest Act, 2002, ("securitisation Act" for brief), with effect from 17-12-2002 which contains a bar against exercise of Jurtsdiction by civil Courts in Section 34 of the said act, whether the civil suit involving the banks and financial institutions who have taken measures u/s, 13 (4) of the aforesaid act can be filed and whether the Civil Court in civil suits filed u/s. 9 of CPC can entertain such suits for deciding inter se rights between third parties, including borrower of such banks and financial Institutions and also impleading banks and financial institutions in such suit?" "whether the Civil Courts while dealing with such civil suits filed u/s. 9 CP
REFERRED TO : Indira Bai v. Nand Kishore
Allahabad Bank v. Canara Bank.
Indian Bank v. ABS Marine Products (P) Ltd.
Mardia Chemicals Limited v. Union of India
Balawwa and another v. Hasanabi and others
Chiranjilal Shrilal Goenka v. Jasjlt Singh and others.
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