https://www.taxtmi.com/caselaws?id=111141 Section 34 of the SARFAESI Act bars Civil Court jurisdiction where the dispute concerns measures taken under section 13(4) and the Debts Recovery Tribunal is empowered to grant relief, while section 17(1) provides a remedy to any aggrieved person, not only the borrower. On the pleadings, the plaintiffs' own case of a prior partition showed that the secured asset was the father's separate property rather than joint family property, so their consent was not required for mortgage or enforcement. The Civil Court therefore had no jurisdiction, and any remedy lay before the Debts Recovery Tribunal under section 17. en-us Wed, 30 Mar 2005 00:00:00 +0530 Fri, 20 Apr 2012 15:43:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111141 Section 34 of the SARFAESI Act bars Civil Court jurisdiction where the dispute concerns measures taken under section 13(4) and the Debts Recovery Tribunal is empowered to grant relief, while section 17(1) provides a remedy to any aggrieved person, not only the borrower. On the pleadings, the plaintiffs' own case of a prior partition showed that the secured asset was the father's separate property rather than joint family property, so their consent was not required for mortgage or enforcement. The Civil Court therefore had no jurisdiction, and any remedy lay before the Debts Recovery Tribunal under section 17. Case-Laws Companies Law Wed, 30 Mar 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111141