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2020 (1) TMI 1333 - MADRAS HIGH COURTMaintainability of petition - suit for partition - main contention of the appellants are that the civil rights are to be decided only by the civil courts and therefore, the appellants plaintiffs cannot be denied to adjudicate the civil rights before the civil court in the suit instituted - HELD THAT:- This court is of an opinion that section 34 of the SARFAESI Act enumerates "No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter, which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Admittedly, the suit schedule property is the subject-matter of the SARFAESI Act, and the bank filed an original application before the Debts Recovery Tribunal, Coimbatore, which is pending for adjudication. This being the admitted fact, this court is of an opinion that the express bar as contemplated under section 34 of the SARFAESI Act should be pressed into service and consequently, the decision arrived by the trial court is in consonance with section 34 of the SARFAESI Act and with reference to section 9 of the Code of Civil Procedure. When there is an express bar, then no suit can be entertained. When section 34 of the SARFAESI Act provides an express bar of the jurisdiction of the civil court, then the civil court cannot entertain the suit for partition. There is no infirmity in respect of the conclusion arrived by the trial court and accordingly, the suit cannot be entertained by the civil court - Petition dismissed.
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