https://www.taxtmi.com/caselaws?id=457585 Section 34 of the SARFAESI Act bars civil court jurisdiction over matters that the DRT or Appellate Tribunal can decide, but the Mardia Chemicals exception allows a civil suit where the secured creditor's action is pleaded as fraudulent or plainly untenable. On a demurrer reading of the plaint, allegations that the bank acted in collusion with other defendants and used fraudulently procured documents to mortgage the plaintiffs' property were sufficient to attract that limited exception. The absence of a separate Order VII Rule 11 application did not stop the court from considering threshold refusal of summons. The suit was therefore not barred at the summons stage. en-us Tue, 04 Jan 2022 00:00:00 +0530 Mon, 23 Sep 2024 20:31:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457585 Section 34 of the SARFAESI Act bars civil court jurisdiction over matters that the DRT or Appellate Tribunal can decide, but the Mardia Chemicals exception allows a civil suit where the secured creditor's action is pleaded as fraudulent or plainly untenable. On a demurrer reading of the plaint, allegations that the bank acted in collusion with other defendants and used fraudulently procured documents to mortgage the plaintiffs' property were sufficient to attract that limited exception. The absence of a separate Order VII Rule 11 application did not stop the court from considering threshold refusal of summons. The suit was therefore not barred at the summons stage. Case-Laws Indian Laws Tue, 04 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457585