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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Jaishith Jebakumar Manuel – Appellant
Versus
R. Srinat – Respondent
| Table of Content |
|---|
| 1. introduction of parties and factual background of the case (Para 1 , 3) |
| 2. petitioners argue lack of jurisdiction under sarfaesi (Para 4 , 5 , 6) |
| 3. respondents highlight petitioners' past defaulters status due to loan default (Para 7 , 8 , 9 , 10 , 11) |
| 4. court emphasizes jurisdictional issues and relevant case law (Para 12 , 13 , 14) |
| 5. judgment affirms dismissal of civil revision petition (Para 15 , 16) |
| 6. final order of the court (Para 17) |
ORDER :
1. The present Civil Revision Petition has been filed to call for the records pertaining to the impugned order passed by the learned Principal District Munsif, Nagercoil, Kanyakumari District, dated 05.12.2025 in I.A.No.2 of 2025 in O.S.No.118 of 2025 and set aside the same and allow the application in I.A.No.2 of 2025 in O.S.No.118 of 2025 by restraining the respondents from conducting sale of the plaint schedule properties in any manner whatsoever till the disposal of the suit.
2. Heard Mr.Isaac Mohanlal, learned Senior Counsel for the petitioners and Mr.N.Dilip Kumar, learned Counsel for the respondents 1 and 2.
3. The petitioners are the plaintiffs in the suit in O.S.No.118 of 2025 on the file of the Principal District M
Civil courts are barred from adjudicating matters under the SARFAESI Act, with jurisdiction limited to designated tribunals, reinforcing the insularity of debt recovery protocols in financial dispute....
MSMEs must raise their status before loan accounts are classified as NPAs; failure to do so precludes later claims for benefits under the SARFAESI Act.
The High Court should not exercise jurisdiction under Article 226 in matters governed by the SARFAESI Act where effective remedies exist, and classification of accounts as NPAs is not subject to judi....
Borrowers classified as MSMEs must assert their status timely to benefit from protective frameworks; failure to do so precludes relief under the SARFAESI Act.
A registered MSME must disclose its status before NPA classification to invoke protections under relevant frameworks; failure to do so precludes later challenges to recovery actions.
Borrowers classified as MSMEs must assert their status before NPA classification to invoke benefits under the SARFAESI Act; failure to do so precludes subsequent claims.
Petitioners did not establish MSME status prior to loan classification as NPA; statutory remedies under SARFAESI Act must be availed instead of writ jurisdiction.
The court upheld that simultaneous proceedings under the SARFAESI Act and the Recovery of Debts and Bankruptcy Act are permissible, and reiterated principles of res judicata and the responsibilities ....
Borrowers classified as MSMEs must assert their status before NPA classification to invoke benefits under the SARFAESI Act; failure to do so precludes subsequent claims.
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