https://www.taxtmi.com/caselaws?id=284884 At the stage of seeking leave under Clause 12 of the Letters Patent, the court must examine whether the plaint is maintainable, territorially competent, and not ex facie barred by statute, so the suit can be refused at the threshold if law prohibits its reception. Section 34 of the SARFAESI Act did not bar the suit when instituted, because the civil court exclusion under the first limb operates only when the DRT or DRAT is empowered at the time of filing, which arises upon measures under Section 13(4); a Section 13(2) notice alone is insufficient. Reliance on undisclosed precedents was held generally undesirable and contrary to fairness, as parties must have an opportunity to address authorities used against them. en-us Mon, 28 Aug 2017 00:00:00 +0530 Sun, 15 Dec 2019 10:05:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=284884 At the stage of seeking leave under Clause 12 of the Letters Patent, the court must examine whether the plaint is maintainable, territorially competent, and not ex facie barred by statute, so the suit can be refused at the threshold if law prohibits its reception. Section 34 of the SARFAESI Act did not bar the suit when instituted, because the civil court exclusion under the first limb operates only when the DRT or DRAT is empowered at the time of filing, which arises upon measures under Section 13(4); a Section 13(2) notice alone is insufficient. Reliance on undisclosed precedents was held generally undesirable and contrary to fairness, as parties must have an opportunity to address authorities used against them. Case-Laws Indian Laws Mon, 28 Aug 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=284884