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2015 (3) TMI 239 - HC - Indian LawsApplicability of Section 34 of SARFAESI Act - Civil court not to have jurisdiction in those cases which are pending with Debt recovery tribunal - Held that:- We are of the view that the Civil Court jurisdiction is completely barred, so far as the “measures” taken by a secured creditor under Sub-Section (4) of Section 13 of the Securitisation Act, against which an aggrieved person has a right of appeal before the DRT or the Appellate Tribunal to determine as to whether there has been any illegality in the “measures” taken.” A perusal of the plaintiff shows that in the suit the plaintiff is seeking to challenge measures that had already been taken by the bank. The respondent bank refer case law Jagdish Singh [2014 (3) TMI 73 - SUPREME COURT] in support of his contention that the suit is barred under section 34 of SARFAESI Act. The plaintiff is not remediless. In fact, the plaintiff has filed an appeal under Section 17 of the SARFAESI Act. The said appeal is pending. In view thereof, the suit is barred by law and stands dismissed. - Decided against the appellant.
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