MUSKAN & OTHERS Vs. ANIL CHAWLA & OTHERS

JUDGEMENT

(1.) I.A.No.3581/2018

(2.) In the present application, it has been stated that the suit property had been mortgaged with the applicant-Bank by deposit of title deeds. It is further stated that though the applicant-Bank had initiated proceedings under the SARFAESI Act and taken over possession, yet the parties were creating obstacles in the sale of the suit property by referring to the present proceedings.

(3.) In the opinion of this Court, the SARFAESI Act is an exhaustive Code in itself and in a partition suit, none of the parties can challenge the action taken by the Bank under the SARFAESI Act. This Court is also of the view that the Bank while taking action under the SARFAESI Act is not concerned with the inter se rights of the debtor and his family members. It is further clarified that Section 17 of the SARFAESI Act provides a mechanism to challenge any action taken by a Bank under Section 13(4) of the SARFAESI Act. If any party is aggrieved by any decision taken by the applicant-Bank, it has the liberty to file appropriate proceedings in accordance with the SARFAESI Act.