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Sadanand Properties Pvt. Ltd And Others vs Punjab National Bank And Others on 3 February, 2010
cites
Section 35 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Mardia Chemicals Ltd. And Anr. vs Union Of India (Uoi) And Ors. on 4 October, 2002
18. A prima facie reading of the above would indicate that the Civil Court's jurisdiction is
barred. This Court, however, pertinently would recollect the decision of the three-Judge Bench of
the Supreme Court in Mardia Chemicals Ltd. v. Union of India (UOI) and Ors.(supra), where it
I.A. Nos. 2470/2009, 3827/2009 and 11740/2009 in CS(OS) 358/2009 Page 10
was held that in a small category of cases - concededly exceptional in nature - it is always open
to the litigant to approach Civil Court for equitable or such relief, if there is case of fraud or
vitiating factor.
A. Batcha Saheb vs Nariman K. Irani And Anr. on 27 January, 1955
52. The other decision on which reliance has been placed is A.Batcha Saheb Vs.
Nariman K.Irani & Anr., AIR 1955 Madras DB p.491 more particularly on
paragraph 8.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993
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