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april 2015

Supreme Court of India · 2015-04-01

Excel Dealcomm Pvt. Ltd vs Asset Reconst. Company (India) Ltd. & Or

Citation / case number
AIR 2015 SC (SUPP) 1125
Court
Supreme Court of India
Petitioner
Excel Dealcomm Pvt. Ltd
Respondent
Asset Reconst. Company (India) Ltd. & Or
Author
Pinaki Chandra Ghose
Bench
M.Y. Eqbal, Pinaki Chandra Ghose

Judgment text excerpt

The Supreme Court held that the Calcutta High Court lacked jurisdiction to try the civil suit concerning the Agreement dated 13.02.2007 under the SARFAESI Act, specifically Section 13, as the immovable property was located in Maharashtra. The Court emphasized that the Agreement was not concluded and thus not enforceable, affirming the dismissal of Civil Suit No.299 of 2007. The judgment clarified the jurisdictional issues related to civil suits involving immovable property and the applicability of the SARFAESI Act.

Excel Dealcomm Pvt. Ltd vs Asset Reconst. Company (India) Ltd. & Or · Niyam