PUNJAB NATIONAL BANK Vs. R. LALITHA

JUDGEMENT

(1.) This Application has been filed seeking to reject the Plaint on the ground that Civil Court jurisdiction is ousted in terms of Sec. 34 of SARFAESI Act and Sec. 18 of Recovery of Debts and Insolvency Act.

(2.) The averments of the Plaint in brief:

(3.) The Counter of the Respondents1-10/Plaintiffs is in brief: The Applicant/5th Respondent is a Secured Creditor. The Respondents 1 to 10/Plaintiffs 1 to 10 have filed a Suit for the relief of declaration to declare the Sale Deed, dtd. 2/2/2017 executed by the 12th Respondent/2nd Defendant in favour of Respondents 13 & 14/ Defendants 3 & 4 as null and void and consequently direct the 12th Respondent/2nd Defendant to execute and register a Sale Deed in respect of 'B' Schedule property in favour of Respondents 1 to 10/Plaintiffs 1to 10 herein. These reliefs can be granted only by a Civil Court of Competent Jurisdiction and the same cannot be agitated before the Debt Recovery Tribunal under Sec. 17 of the SARFAESI Act. The Respondents 1 to 10/Plaintiffs 1 to 10 have not challenged the validity of the Mortgage executed in favour of the Applicant/ 5th Defendant-Bank by Respondents 13 and 14. Sec. 34 of the SARFEASI Act and Sec. 18 of the Recovery of Debts Due to Banks Act very clearly and categorically state that the ouster of Civil jurisdiction is only in respect of the matters, which the Debt Recovery Tribunal is empowered to decide and not the matters that do not fall within the purview of the said legislation.