https://www.taxtmi.com/caselaws?id=457698 The Bombay HC dismissed an appeal challenging rejection of a temporary injunction application that sought to restrain a secured creditor from proceeding with auction under SARFAESI Act Sections 13 and 14. The court held that civil courts lack jurisdiction to entertain such matters as Section 34 of SARFAESI Act bars civil court jurisdiction. The court emphasized that aggrieved parties must approach Debt Recovery Tribunal or Appellate Tribunal, not civil courts. The SARFAESI Act overrides other laws under Section 35, and the trial court was justified in rejecting the injunction application against the secured creditor's enforcement measures. en-us Wed, 15 Jun 2022 00:00:00 +0530 Wed, 25 Sep 2024 23:06:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457698 The Bombay HC dismissed an appeal challenging rejection of a temporary injunction application that sought to restrain a secured creditor from proceeding with auction under SARFAESI Act Sections 13 and 14. The court held that civil courts lack jurisdiction to entertain such matters as Section 34 of SARFAESI Act bars civil court jurisdiction. The court emphasized that aggrieved parties must approach Debt Recovery Tribunal or Appellate Tribunal, not civil courts. The SARFAESI Act overrides other laws under Section 35, and the trial court was justified in rejecting the injunction application against the secured creditor's enforcement measures. Case-Laws Indian Laws Wed, 15 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457698