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M. W. CHANDWANI
Bank of Baroda through its Authorized Officer/Chief Manager Anilkumar Jha – Appellant
Versus
Pravin Gunvantrao Zoting – Respondent
JUDGMENT
Heard.
2. Admit. Heard finally by consent of the learned counsel for the parties.
3. This civil revision application challenges the order dated 18.10.2022, passed below Exh. 39, in Special Civil Suit (SCS) No. 66/2020, thereby rejecting the application of the applicant-Bank for rejection of the the plaint under Order 7, Rule 11 of the Code of Civil Procedure (for short, “CPC”).
4. The bare facts, which are necessary to dispose of the present application, can be summarized as under:—
The non-applicant no. 1 instituted a SCS No. 66/2020 against the non-applicant nos. 2 to 5 for specific performance of contract, possession and in the alternative refund of earnest amount and damages. The said suit is filed by the non-applicant no.1 on the premise that on 16.06.2010, the deceased husband of the non-applicant no. 2 i.e. father of the non-applicant nos. 3 to 5 had executed an agreement to sale of the suit property to the non-applicant no. 1. After his death, the non-applicant nos. 2 to 5 are the successors. Despite the request of the non-applicant no. 1, the non-applicant nos. 2 to 5 failed to execute the sale deed, as per the agreement referred above. Pending the suit, on appl
Rejection of plaint – Jurisdiction of Civil Court in respect of matters which do not fall within jurisdiction of DRT or DRAT under Sections 17 and 18 of SARFAESI Act is not ousted or barred under pro....
The jurisdiction of the civil court is excluded in matters related to the classification of loan accounts as NPA under the SARFAESI Act.
The jurisdiction of a civil court is not barred under the relevant debt enforcement act where the dispute relates to the fundamental nature of the security interest or mortgage, as such matters do no....
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 ....
Civil courts lack jurisdiction under Section 34 of the SARFAESI Act for matters within the DRT's purview, and vague fraud allegations do not suffice to maintain a civil suit.
Civil courts cannot entertain suits regarding matters under the SARFAESI Act, including injunctions against auction purchasers, as jurisdiction lies exclusively with the DRT.
Civil courts' jurisdiction is barred under Section 34 of the SARFAESI Act in matters that can be determined by Debt Recovery Tribunals.
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.
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