https://www.taxtmi.com/caselaws?id=469829 A civil suit for independent damages against a secured creditor is not barred by Section 34 of the SARFAESI Act where the claim does not challenge any measure taken or capable of being taken under Section 13(4), because the DRT's jurisdiction under Section 17 does not extend to an unascertained damages claim. The text also states that Section 18 of the 1993 Act does not automatically exclude a borrower's independent suit merely because recovery proceedings are later initiated; maintainability is assessed at the date of institution, and a bar must be shown by a direct and inextricable connection with the recovery action. The civil court is therefore competent to entertain such a suit. en-us Fri, 28 Feb 2020 00:00:00 +0530 Mon, 06 Jul 2026 18:14:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=469829 A civil suit for independent damages against a secured creditor is not barred by Section 34 of the SARFAESI Act where the claim does not challenge any measure taken or capable of being taken under Section 13(4), because the DRT's jurisdiction under Section 17 does not extend to an unascertained damages claim. The text also states that Section 18 of the 1993 Act does not automatically exclude a borrower's independent suit merely because recovery proceedings are later initiated; maintainability is assessed at the date of institution, and a bar must be shown by a direct and inextricable connection with the recovery action. The civil court is therefore competent to entertain such a suit. Case-Laws Indian Laws Fri, 28 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=469829