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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK RUSIA, BINOD KUMAR DWIVEDI
Ramesh Pal – Appellant
Versus
IDFC First Bank Limited – Respondent
ORDER :
Vivek Rusia, J.
1.Since the issues involved in these petitions are identical in nature, with the joint request of the parties, these M.P.s and R.P. are finally heard and being decided by this common order.
A. Miscellaneous Petition No.6432 of 2023
This Miscellaneous Petition is filed under Article 226 / 227 of the Constitution of India challenging the order dated 02.09.2023 passed by the Debt Recovery Tribunal, Jabalpur (in short 'DRT') in S.A. No.299/2013, whereby the application under section 5 of the Limitation Act, 1963 filed for condonation of delay has been dismissed inter alia on the ground that its provision does not apply consequently the S.A. has also been dismissed.
B. Miscellaneous Petition No.4104 of 2023
This Miscellaneous Petition is filed under Article 226 / 227 of the Constitution of India, challenging the order dated 05.07.2023 passed by the DRT in S.A. No.567/2022, whereby the application filed under Section 5 of the Limitation Act, as well as S.A., has been dismissed.
C. Review Petition No.453 of 2024
This Review Petition is filed under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 seeking review of the order dated 12.02.2024 passed in Writ Petition N
The DRT has the authority to condone delays in applications under Section 17 of the SARFAESI Act, applying the Limitation Act provisions.
The DRT must consider the Limitation Act's provisions regarding the condonation of delay in SARFAESI applications, ensuring just consideration of delay reasons.
The 45-day limitation period under Section 17 of the SARFAESI Act is mandatory and cannot be condoned by the DRT due to lack of inherent power.
The civil court retains jurisdiction to adjudicate on the validity of sale and mortgage deeds under the SARFAESI Act, and a plaint cannot be partially rejected under Order VII Rule 11.
Civil Courts have jurisdiction in SARFAESI Act matters only when the secured creditor has not initiated actions under the Act. Limitation laws apply strictly to such actions.
Application against measures to recover secured debts – Jurisdiction - Jurisdiction of Civil Court is not ousted. However, Civil Courts have to be extremely cautious while granting any interim order ....
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