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TMI Blog2018 (5) TMI 2183X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent No. 2 to have recourse to the said remedies and agitate before the learned Debts Recovery Tribunal all issues that may be open in law. All objections as may be available to the Appellant may also be raised before the learned Debts Recovery Tribunal. The learned Debts Recovery Tribunal and thereafter the learned Debts Recovery Appellate Tribunal, if required to be approached by the Respondent No. 2, will decide the matter with utmost expedition. Untill the aforesaid proceedings are complete while confirming the auction sale in favour of the Appellant we direct the Appellant not to encumber the property in question or to transfer it to any third party. The order of the High Court is set aside subject to fulfilment of conditions impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of injunction was passed. 3. The High Court by the order under challenge took the view that as the said suit (O.S. No. 106 of 2009) was for partition, Section 34 of the SARFAESI Act will not bar the same. Hence the order. 4. The matter need not engage the Court in any great detail as in view of the law laid down by this Court in Jagdish Singh v. Heeralal and Ors. IX (2013) SLT 253 : IV (2013) BC 744 (SC) : (2014) 1 SCC 479, it would clear and evident that the suit filed by the second Respondent (i.e. O.S. No. 106 of 2009) is not maintainable, In Jagdish Singh (supra) this Court after an elaborate consideration of the provisions of the SARFAESI Act, particularly, Sections 2(zf), 2(zc), 13(1), 17, 18 and 34, took the view, on almost simi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Act. Consequently, if any aggrieved person has got any grievance against any measures taken by the borrower Under Sub-section (4) of Section 13, the remedy open to him is to approach the DRT or the Appellate Tribunal and not the Civil Court. The Civil Court in such circumstances has no jurisdiction to entertain any suit or proceedings in respect of those matters which fall Under Sub-section (4) of Section 13 of the Securitisation Act because those matters fell within the jurisdiction of the DRT and the Appellate Tribunal. Further, Section 35 says, the Securitisation Act overrides other laws, if they are inconsistent with the provisions of that Act, which takes in Section 9, Code of Civil Procedure as well. 5. Beyond the above, we do not c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicated on merits. We make it clear that we have expressed no opinion on the merits of the rival contentions of the parties which we leave open for adjudication by the learned Debts Recovery Tribunal. 8. Consequently O.S. No. 1243 of 2009 and O.S. No. 106 of 2009 filed by the second Respondent shall stand closed with liberty to the second Respondent as above. The order of the High Court is set aside subject to above conditions and the appeals are allowed. The deposit of Rs. 5 crores (Rupees Five crores) made in the Registry of this Court in terms of the order of this Court dated 28th September, 2012, along with interest, if any, shall be returned to the second Respondent forthwith on proper identification. 9. The appeals as also all pending ..... X X X X Extracts X X X X X X X X Extracts X X X X
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