SARFAESI statutory remedy bars civil suit against secured creditor measures under Section 13(4), with DRT jurisdiction exclusive.

Where a secured creditor has taken measures under Section 13(4) of the SARFAESI Act after default, the aggrieved party must pursue the statutory remedy before the Debts Recovery Tribunal because Section 17 provides a broad remedial channel for any person affected. The civil court's jurisdiction is barred by Section 34 in respect of matters the Tribunal or Appellate Tribunal can determine, and Section 35 gives the Act overriding effect over inconsistent laws, including general civil court jurisdiction under the Code of Civil Procedure. The proper remedy is therefore confined to the Act's mechanism, and a civil suit challenging such measures is not maintainable.

---

---

Issues: Whether the civil court had jurisdiction to entertain the suit challenging the measures taken by the secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and whether the plaintiffs were confined to the statutory remedy under that Act.

Analysis: The secured assets stood mortgaged in favour of the bank and the bank had taken measures under Section 13(4) after default. Section 17 provides a remedy to any person aggrieved by such measures, and the expression "any person" is of wide import. Section 34 bars the jurisdiction of civil courts in respect of matters which the Debts Recovery Tribunal or the Appellate Tribunal is empowered to determine, and the bar extends to disputes concerning measures taken under Section 13(4). Section 35 gives the Act overriding effect over inconsistent laws, including the general civil court jurisdiction under Section 9 of the Code of Civil Procedure, 1908.

Conclusion: The civil suit was barred and the proper remedy lay before the Debts Recovery Tribunal under the Act.

Final Conclusion: The High Court erred in restoring the suit, and the bank was entitled to enforce its security interest without civil court interference.

Ratio Decidendi: Where a grievance arises from measures taken by a secured creditor under Section 13(4) of the SARFAESI Act, the statutory remedy under Sections 17 and 18 is exclusive and the civil court's jurisdiction is barred by Section 34 read with Section 35.

---