Jurisdiction-Tribunal has jurisdiction to entertain Appeal even in respect of daim less than Rs. 10 Lakh

Citation 

2016 (6) CTC 330 (SC)

IN THE SUPREME COURT OF INDIA

Anil R. Dave & L. Nageswara Rao, 11.

C.A. No. 210 of 2007.

September 08, 2016

State Bank of Patiala

Vs

Mukesh Jain & Another

Securitisation and Reconstruction of financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2007) [SARFAESI Act], Sections 17 & 34 Recovery of Debts due to Banks and Financial Institutions Act, 1993 (51 of 1993), Section 1(4) Jurisdiction of Civil Courts Bank initiated Recovery action under SARFAEST Act for recovery of '8 Lakh Borrower instituted Civil Suit challenging Recovery action Secured Creditor filed Application to reject Plaint on ground Civil Court has no jurisdiction to entertain Suit Trial Court rejected Application holding that Tribunal is not competent to entertain lis as amount claimed in Suit was less than Rs. 10 takh-Ouster of Civil Court Jurisdiction-Conflict between DRI Act and SARFAESI Act-Pecuniary jurisdiction contemplated under DRT Act is in relation to Original Jurisdiction of Tribunal-SARFAESI Act contains specific provision excluding jurisdiction of Civil Court Remedy provided under SARFAEST Act is in nature of Appellate Jurisdiction-Tribunal has jurisdiction to entertain Appeal even in respect of daim less than Rs. 10 Lakh-Appellate Jurisdiction need not be misunderstood with Original Jurisdiction of Tribunal Plaint is liable to be rejected.

the Bank under the sum of SARFAESI Aa kas led Aframander Duty Ride 11 times the Me