https://www.taxtmi.com/caselaws?id=196528 A bank's suit for recovery of money secured by mortgage was treated as a debt claim falling within the Debt Recovery Tribunal's jurisdiction under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Court construed "debt" broadly to include any legally recoverable liability, whether secured or unsecured, and held that a mortgage is only accessory to the underlying liability. Jurisdiction depends on the nature of the recovery claim, not on the particular mortgage reliefs sought under Order 34 CPC. The Act's scheme and overriding effect were read to support speedy recovery of bank dues, so the civil court's jurisdiction was excluded. en-us Mon, 27 Nov 1995 00:00:00 +0530 Tue, 05 Dec 2017 12:39:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196528 A bank's suit for recovery of money secured by mortgage was treated as a debt claim falling within the Debt Recovery Tribunal's jurisdiction under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Court construed "debt" broadly to include any legally recoverable liability, whether secured or unsecured, and held that a mortgage is only accessory to the underlying liability. Jurisdiction depends on the nature of the recovery claim, not on the particular mortgage reliefs sought under Order 34 CPC. The Act's scheme and overriding effect were read to support speedy recovery of bank dues, so the civil court's jurisdiction was excluded. Case-Laws Indian Laws Mon, 27 Nov 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196528