https://www.taxtmi.com/caselaws?id=372774 A plaint that, on its own averments, effectively challenges a secured creditor's measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 falls within the bar of Section 34, and the proper forum is the Debts Recovery Tribunal under Section 17. Where that bar is apparent from the plaint, rejection under Order VII Rule 11(d) of the Code of Civil Procedure is mandatory. General allegations of fraud or collusion do not avoid the bar unless pleaded with the specific particulars required by Order VI Rule 4 and shown to fall within the narrow Mardia Chemicals exception. Unregistered allotment letters or MOUs cannot override rights created by a registered mortgage or revive protection under the Maharashtra Ownership Flats Act. en-us Fri, 26 Oct 2018 00:00:00 +0530 Sat, 29 Dec 2018 07:24:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=372774 A plaint that, on its own averments, effectively challenges a secured creditor's measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 falls within the bar of Section 34, and the proper forum is the Debts Recovery Tribunal under Section 17. Where that bar is apparent from the plaint, rejection under Order VII Rule 11(d) of the Code of Civil Procedure is mandatory. General allegations of fraud or collusion do not avoid the bar unless pleaded with the specific particulars required by Order VI Rule 4 and shown to fall within the narrow Mardia Chemicals exception. Unregistered allotment letters or MOUs cannot override rights created by a registered mortgage or revive protection under the Maharashtra Ownership Flats Act. Case-Laws Indian Laws Fri, 26 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=372774