KARAN ARORA Vs. ASHWANI MEHTA AND OTHERS

JUDGEMENT

(1.) On 24.07.2018, the following order had been passed by this Court:-

(2.) Thereafter, on 25.07.2018, learned counsel for the petitioner had been asked to (though not recorded in the order of that date), to distinguish the judgment of the Supreme Court passed in Jagdish Singh vs. Heeralal and others, 2014 AIR(SC) 371, wherein while considering the issue of jurisdiction of a civil Court with regard to any property that was subject matter of proceedings under the SARFAESI Act, 2002, it was held that with Section 34 of the Act of 2002 specifically barring jurisdiction of a civil Court, as regards 'measures' taken by a secured creditor in terms of Section 13 (4) of the said Act, it would only be the Debt Recovery Tribunal that had jurisdiction to consider the grievance of any person against proceedings pending/concluded under the Act of 2002, such remedy being available under Section 17 of the said Act.

(3.) As already noticed in the aforesaid order of this Court dated 24.07.2018, the judgment of the Supreme Court cited by learned counsel in Vishal N.Kalsaira (supra), would have no application especially after amendment in the Act of 2002 whereby sub-Section 4 (A) was added in Section 17, which reads as follows:-