(1.) A reference is made, for answering the following question :-
(2.) The above question was framed, noticing the apparent discord between the judgment of the Division Bench of this Court in State Bank of India Vs. Jigishaben B. Sanghavi and others, 2011 (2) Mh.L.J. 342 : 2010 SCC OnLine Bom 1868 and State Bank of India Vs. Shri Sagar s/o Pramod Deshmukh and others, 2011 (3) Mh.L.J. 71.
(3.) For deciding the above question, it is necessary to determine the nature, scope and ambit of the jurisdiction of the DRT under section 17 of the Recovery of Debts and Bankruptcy Act, 1993 (for short " the DRT Act, 1993" hereinafter) read with the provisions of Sections 13 and 17 of the SARFAESI Act and the nature of claims and proceedings it is entitled to entertain and decide, in juxtaposition, to the jurisdiction of the Civil Court under Section 9 of C.P.C.