PANKAJ MITHAL
AFSAR KHAN – Appellant
Versus
CENTRAL BANK OF INDIA, KANPUR NAGAR – Respondent
Hon’ble Pankaj Mithal, J.—This is a petition for quashing of the notice Annexure-2 to the writ petition issued by the District Legal Services Authority to the petitioners stating that the Central Bank of India has initiated a drive to settle all outstanding Bank dues on lump sum basis by negotiations before moving to the Court for its recovery and therefore you are called upon to enter appearance for settlement of the dues of Rs. 6,02,993/-.
2. The submission of the learned counsel for the petitioners is that the aforesaid notice is without jurisdiction, as the jurisdiction of Civil Court is barred by Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as the ‘Act’).
3. Section 34 of the above Act provides that no Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any matter which can be determined by a Debts Recovery Tribunal or the Appellate Tribunal. It clearly means that the jurisdiction of the Civil Court stands excluded in respect of matters which are cognizable by Debts Recovery Tribunal or the Appellate Tribunal.
4. Section 17 of the Recov
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