https://www.taxtmi.com/caselaws?id=457623 When SARFAESI proceedings are initiated, a civil suit styled as a partition action cannot be used to obstruct measures taken under Section 13(4) if the dispute falls within matters the DRT or DRAT can determine. Section 34 bars civil court jurisdiction over such issues, and Section 35 gives the Act overriding effect over inconsistent laws. The aggrieved party must therefore pursue the statutory remedies under Sections 17 and 18 before the Debts Recovery Tribunal and, if necessary, the Appellate Tribunal. The note records that the civil suits were closed, the auction sale was maintained, and objections were left to be raised before the tribunal. en-us Thu, 03 May 2018 00:00:00 +0530 Tue, 24 Sep 2024 19:51:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457623 When SARFAESI proceedings are initiated, a civil suit styled as a partition action cannot be used to obstruct measures taken under Section 13(4) if the dispute falls within matters the DRT or DRAT can determine. Section 34 bars civil court jurisdiction over such issues, and Section 35 gives the Act overriding effect over inconsistent laws. The aggrieved party must therefore pursue the statutory remedies under Sections 17 and 18 before the Debts Recovery Tribunal and, if necessary, the Appellate Tribunal. The note records that the civil suits were closed, the auction sale was maintained, and objections were left to be raised before the tribunal. Case-Laws Indian Laws Thu, 03 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457623