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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Atam Parkash – Appellant
Versus
Allahabad Bank – Respondent
| Table of Content |
|---|
| 1. the issues leading to jurisdiction disputes under sarfaesi act. (Para 1 , 2) |
| 2. petitioner's statements about fraud and their implications for jurisdiction. (Para 7 , 8) |
| 3. court's exploration of jurisdictional authority of civil court versus drt. (Para 10 , 12 , 13 , 14) |
| 4. the conclusive dismissal of the revision petition by the court. (Para 15 , 16) |
JUDGMENT :
Vikram Aggarwal, J.
CM-16984-CII-2025
Prayer in the present application, preferred under Section 151 CPC , is for placing on record the final report dated 20.03.2025 submitted under Section 173 Cr. P.C. as Annexure P-12.
For the reasons mentioned in the application, the same is allowed. Final report dated 20.03.2025 is taken on record as Annexure P-12.
The Registry is directed to place the same at an appropriate place on the case file.
CR-1543-2019
The instant revision petition assails the judgment dated 19.12.2018 (Annexure P-9) passed by the Court of Additional District Judge, Jalandhar, dismissing the appeal against the order dated 19.11.2018 (Annexure P-7) passed by the Court of Civil Judge (Jr. Divn.), Jalandhar, vide which the application filed by the respondent-defendant bank under Order 7 Rule 11 of the Co
Civil Courts retain jurisdiction to hear fraud allegations only when not covered by the DRT's jurisdiction in SARFAESI Act cases.
Fraud allegations must provide specific particulars to circumvent the jurisdictional bar under Section 34 of the SARFAESI Act, 2002; vague claims are insufficient.
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.
The main legal point established in the judgment is the limitation on civil court jurisdiction under Section 34 of the SARFAESI Act and the duty of the court to scrutinize allegations of fraud and co....
The bar under Section 34 of the SARFAESI Act cannot be extended to claims involving collusion and fraud, which are better addressed before the Civil Court.
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' jurisdiction is barred under Section 34 of the SARFAESI Act in matters that can be determined by Debt Recovery Tribunals.
The main legal point established in the judgment is that a civil court's jurisdiction is barred in respect of matters which can be taken cognizance of by the DRT under the SARFAESI Act, and that a bo....
Point of Law : When there is no embargo on civil court to record evidence on preliminary issue, dismissal of suit on concluding that plaintiff did not produce material in support of his allegation wo....
Point of law: Even when the allegations made in the plaint are taken to be correct as a whole on their face value, if they show that the suit is barred by any law, or do not disclose cause of action,....
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