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november 2016

Supreme Court of India · 2016-11-08

State Bank Of Patiala vs Mukesh Jain & Anr

Citation / case number
AIR 2016 SC 5140
Court
Supreme Court of India
Petitioner
State Bank Of Patiala
Respondent
Mukesh Jain & Anr
Author
Anil R. Dave
Bench
L. Nageswara Rao, Anil R. Dave

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, Civil Courts lack jurisdiction to entertain matters arising under the Act. The Court found that the rejection of the appellant's application under Order VII Rule 11 of the CPC by both the trial Court and the High Court was erroneous, as the amount claimed was less than Rs.10 lakh, thus falling under the jurisdiction of the Debt Recovery Tribunal as per Section 1(4) of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The appeal was allowed, and the matter was directed to be adjudicated by the appropriate tribunal.

State Bank Of Patiala vs Mukesh Jain & Anr · Niyam