Niyam v2 is live — start for just ₹100 — 200 credits to try

october 2013

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.

Jagdish Singh vs Heeralal & Ors · Niyam