Supreme Court of India · 2013-10-30
Jagdish Singh vs Heeralal & Ors
- Citation / case number
- AIR 2014 SUPREME COURT 371
- Court
- Supreme Court of India
- Petitioner
- Jagdish Singh
- Respondent
- Heeralal & Ors
- Author
- K.S. Radhakrishnan
- Bench
- A.K. Sikri, K.S. Radhakrishnan
Judgment text excerpt
The Supreme Court held that under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act), civil courts lack jurisdiction to entertain suits challenging actions taken under the Act. The Court affirmed the lower court's decision that the plaintiffs should have pursued their claims through the Debt Recovery Tribunal as per Section 17 of the Securitisation Act. Consequently, the appeal by the plaintiffs was dismissed, upholding the preliminary objection raised by the bank regarding the maintainability of the suit.