A.K.SIKRI, KAILASH GAMBHIR, RAJIV SAHAI ENDLAW
Amish Jain – Appellant
Versus
ICICI Bank Ltd. – Respondent
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
2. State of Rajasthan Vs. M/s Swaika Properties AIR 1985 SC 1289
3. Indira Devi Vs. Debt Recovery Appellate Tribunal 171 (2010) DLT 439 (DB)
4. Transcore Vs. Union of India (2008) 1 SCC 125
6. State of Rajasthan Vs. M/s Swaika Properties AIR 1985 SC 1289
7. Harman Electronics Pvt. Ltd. Vs. National Panasonic India Pvt. Ltd. (2009) 1 SCC 720
13. Kanaiyalal Lalchand Sachdev Vs. State of Maharashtra (2011) 2 SCC 782
18. Dr. Pratap Singh Vs. Director of Enforcement (1985) 3 SCC 72
20. Harshad Chiman Lal Modi Vs. DLF Universal (2005) 7 SCC 791
1. Indira Devi Vs. Debt Recovery Appellate Tribunal 171 (2010) DLT 439 (DB)
5. Mardia Chemicals Ltd. Vs. Union of India (2004) 4 SCC 311
12. Hindustan Laminators Pvt. Ltd. Vs. Central Bank of India AIR 1998 Cal 300
14. United Bank of India Vs. Satyawati Tandon (2010) 8 SCC 110
17. Guda Vijayalakshmi Vs. Guda Ramachandra Sekhara Sastry AIR 1981 SC 1143
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