https://www.taxtmi.com/caselaws?id=200338 Presentation of an insolvency application by the Official Receiver under Section 53 of the Provincial Insolvency Act did not oust the Civil Court's jurisdiction in a pending mortgage suit or require an automatic stay. Section 28(6) preserved a secured creditor's right to realise or deal with the security, while the insolvency application addressed the transfer's validity against the general body of creditors and the mortgage suit concerned enforceability between mortgagor and mortgagee. Because the two proceedings raised different questions, the Civil Court retained ordinary jurisdiction under Section 4, and any stay had to be specifically sought rather than arising by operation of law. en-us Wed, 07 Jan 1925 00:00:00 +0530 Mon, 26 Mar 2018 14:09:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200338 Presentation of an insolvency application by the Official Receiver under Section 53 of the Provincial Insolvency Act did not oust the Civil Court's jurisdiction in a pending mortgage suit or require an automatic stay. Section 28(6) preserved a secured creditor's right to realise or deal with the security, while the insolvency application addressed the transfer's validity against the general body of creditors and the mortgage suit concerned enforceability between mortgagor and mortgagee. Because the two proceedings raised different questions, the Civil Court retained ordinary jurisdiction under Section 4, and any stay had to be specifically sought rather than arising by operation of law. Case-Laws Indian Laws Wed, 07 Jan 1925 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200338