https://www.taxtmi.com/caselaws?id=215024 Section 34 of the SARFAESI Act bars civil court jurisdiction only to the extent the DRT or Appellate Tribunal can determine the subject matter. On that basis, partition and separate possession claims over mortgaged property remain maintainable because the Tribunal cannot grant those reliefs. A pleaded case that the secured creditor's action is fraudulent and void ab initio also survives, as such issues lie outside the Tribunal's statutory remit. Injunction relief is not independently barred where it is consequential to maintainable substantive claims. However, a declaration that the secured creditor's action is not in accordance with the Act and rules is barred because validity of measures under section 13 falls within DRT jurisdiction under section 17. en-us Fri, 11 Feb 2011 00:00:00 +0530 Thu, 17 May 2012 13:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=215024 Section 34 of the SARFAESI Act bars civil court jurisdiction only to the extent the DRT or Appellate Tribunal can determine the subject matter. On that basis, partition and separate possession claims over mortgaged property remain maintainable because the Tribunal cannot grant those reliefs. A pleaded case that the secured creditor's action is fraudulent and void ab initio also survives, as such issues lie outside the Tribunal's statutory remit. Injunction relief is not independently barred where it is consequential to maintainable substantive claims. However, a declaration that the secured creditor's action is not in accordance with the Act and rules is barred because validity of measures under section 13 falls within DRT jurisdiction under section 17. Case-Laws Indian Laws Fri, 11 Feb 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=215024