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Civil courts cannot intervene in matters related to SARFAESI Act which are under the purview of DRT or DRAT SC

 

FEMA, BANKING & INSURANCE : Jurisdiction of civil court is barred in respect of matters which a DRT or an Appellate Tribunal is empowered to determine in respect of any action taken ‘or to be taken in pursuance of any power conferred under SARFAESI Act’ – Prohibition covers even matters which may be taken cognizance of by DRT though no measure in that direction has so far been taken under subsection (4) of Section 13 – Any matter in respect of which an action may be taken even later on, civil court shall have no jurisdiction to entertain any proceeding thereof – To a very limited extent jurisdiction of civil court can also be invoked, where for example, action of secured creditor is alleged to be fraudulent or his claim may be so absurd and untenable which may not require any probe whatsoever or to say precisely to extent the scope is permissible to bring an action in civil court in cases of English mortgages.