Unit V · Law of Banking and Negotiable Instruments
| Act / instrument | Section | Name |
|---|---|---|
| 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 |
(2006) 5 SCC 72 · Supreme Court of India
A civil suit on a distinct cause of action is not automatically ousted; splitting of causes and the DRT's exclusive recovery jurisdiction must be carefully distinguished.
(2009) 8 SCC 646 · Supreme Court of India
A bank's counter-claim before the DRT does not convert the borrower's civil suit into a proceeding that the civil court cannot try if it is otherwise maintainable.
(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.