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2012 Supreme(Mad) 3839

A.K.SIKRI, KAILASH GAMBHIR, RAJIV SAHAI ENDLAW
Amish Jain – Appellant
Versus
ICICI Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Rajiv Bansal, Amicus Curiae with Saurav Suman Sinha, Rahul Bhandari, Advocates, in person.
For the Respondent:Punit K. Bhalla, Ms. Chetna Bhalla, Advocates.

JUDGMENT

Rajiv Sahai Endlaw, J.

1. A doubt having arisen as to the correctness of the judgment of the Division Bench of this Court in Indira Devi Vs. Debt Recovery Appellate Tribunal 171 (2010) DLT 439 (DB), insofar as holding that an appeal under Section 17 of The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) can be filed not only in the Debt Recovery Tribunal (DRT) having jurisdiction where the mortgaged property is situated but also in DRT having jurisdiction where the branch of the Bank/Financial Institution which has disbursed the loan is situated as well as in all DRTs which would have jurisdiction in terms of Section 19(1) of The Recoveries of Debts Due to Banks and Financial Institutions Act, 1993 (DRT Act) read with Rule 6 of the Debts Recovery Tribunal (Procedure) Rules, 1993 (DRT Rules), this Full Bench was constituted.

2. This petition was filed impugning the order dated 7th June, 2012 of DRT-III, Delhi holding that it has no jurisdiction to entertain the appeal preferred by the petitioners under Section 17 of the SARFAESI Act for the reason of, i) the petitioners being residents of Meerut; ii) the lo
































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