measures under section 13 of the
Securitisation Act.
6.1 Reference was made to the provisions of section 17 of the
Securitisation Act, to point ... invoke the provisions of subsection (1) of
section 17 thereof.
6.2 Referring to section 34 of the Securitisation Act, it was
submitted that
civil court stating that in view of Section 13 read with Section
34 of the Securitisation Act, the civil court has no jurisdiction to
entertain ... referred to in Section 34 would take
in the “measures” provided under sub-section (4) of Section 13 of the
Securitisation Act. Consequently
Securitisation Act . It was contended that also
Section 35 of the Securitisation Act provided for an overriding effect of
the Securitisation Act over other laws ... Securitisation Act, and a remedy being available to an
aggrieved person/ plaintiffs, against the bank under Section 17 of the
Securitisation Act. Referring
Securitisation Act, and a remedy being available to an
aggrieved person/ plaintiffs, against the bank under Section 17 of the
Securitisation Act. Referring ... Section 17 of the Securitisation Act. It is
submitted that by clever drafting of the plaint the bar as created under
section 34
Securitisation Act, and a remedy being available to an
aggrieved person/ plaintiffs, against the bank under Section 17 of the
Securitisation Act. Referring ... Section 17 of the Securitisation Act. It is
submitted that by clever drafting of the plaint the bar as created under
section 34
Securitisation Act, and a remedy being available to an
aggrieved person/ plaintiffs, against the bank under Section 17 of the
Securitisation Act. Referring ... Section 17 of the Securitisation Act. It is
submitted that by clever drafting of the plaint the bar as created under
section 34
Securitisation Act . It was contended that also
Section 35 of the Securitisation Act provided for an overriding effect of
the Securitisation Act over other laws ... Securitisation Act, and a remedy being available to an
aggrieved person/ plaintiffs, against the bank under Section 17 of the
Securitisation Act. Referring
obstante clauses contained in Section 34(1) of the DRT Act and Section 35 of the
Securitisation Act, two Central legislations will have primacy over ... obstante
clauses contained in Section 34(1) of the DRT Act and Section 35 of the Securitisation
Act, and argued that even though the language
specified under sub-section (4) of section 13 to
recover his secured debt."
Therefore, under section 14 of the Securitisation Act, Chief
Metropolitan Magistrate ... further appeal will lie to Appellate Tribunal under section 18 of the
Securitisation Act. Under section 34 of the Securitisation Act,
jurisdiction of Civil Courts
Debt Recovery Tribunal under Section 17 can appeal to the appellate Tribunal.
Section 34 of the Securitisation Act pertains to exclusion of the jurisdiction ... answered.
20. It is true that under Section 34 of the Securitisation Act, it is provided that no civil court shall have jurisdiction to entertain