https://www.taxtmi.com/caselaws?id=259103 A civil suit seeking to restrain re-auction of secured property was stated to be barred by section 34 of the SARFAESI Act where the grievance concerned alleged non-disclosure of an Income Tax attachment during the auction process. The text explains that measures under section 13(4) are challengeable before the Debts Recovery Tribunal under section 17, including whether the secured creditor complied with the Act and Rules. It also notes that the narrow civil court exception for fraud applies only where the plaint clearly discloses substantive fraud or an absurd, untenable claim. On that reasoning, the civil court was said to lack jurisdiction and the remedy lay before the Tribunal. en-us Thu, 16 Apr 2015 00:00:00 +0530 Mon, 20 Apr 2015 18:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=259103 A civil suit seeking to restrain re-auction of secured property was stated to be barred by section 34 of the SARFAESI Act where the grievance concerned alleged non-disclosure of an Income Tax attachment during the auction process. The text explains that measures under section 13(4) are challengeable before the Debts Recovery Tribunal under section 17, including whether the secured creditor complied with the Act and Rules. It also notes that the narrow civil court exception for fraud applies only where the plaint clearly discloses substantive fraud or an absurd, untenable claim. On that reasoning, the civil court was said to lack jurisdiction and the remedy lay before the Tribunal. Case-Laws Indian Laws Thu, 16 Apr 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=259103