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november 2016

Supreme Court of India · 2016-11-08

STATE BANK OF PATIALA vs MUKESH JAIN

Citation / case number
SC 2005/25793
Court
Supreme Court of India
Petitioner
STATE BANK OF PATIALA
Respondent
MUKESH JAIN
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, a Civil Court lacks jurisdiction to entertain matters arising under the Act. The Court affirmed the trial Court's rejection of the appellant's application under Order VII Rule 11 of the CPC, stating that the suit was maintainable as the debt amount was less than Rs.10 lakh, thus falling outside the purview of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The appeal was dismissed, upholding the lower court's decision.

STATE BANK OF PATIALA vs MUKESH JAIN · Niyam