Landmark case · Law of Banking and Negotiable Instruments · Semester 5

Mardia Chemicals Ltd. v. Union of India

(2004) 4 SCC 311 · Supreme Court of India

Section 34 bars a civil court from injuncting SARFAESI measures; the borrower's remedy is the DRT under section 17.

From topic

DRT jurisdiction and the bar of the civil court — Unit V, Law of Banking and Negotiable Instruments.

Related sections:

Recovery of Debts and Bankruptcy Act, 1993, 17–18 — Jurisdiction of the Tribunal and bar of other courts
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, 34 — Civil court not to have jurisdiction
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, 35 — Provisions of the Act to override other laws