Jagdish Singh v. Heeralal, (2014) 1 SCC 479
Debt, Debt Recovery and Relief
Ss. 13(4), 17 and 34 - Expression any person used in S. 17 - Import of - Held, is of wide import and takes within its fold
not only borrower but also guarantor or any other person who may be affected by measures taken under S. 13(4) - On
facts held, expression any person includes plaintiff-Respondents 1 to 5 as well, who had filed a civil suit challenging sale
of the secured property on grounds that same was HUF property - Thus, irrespective of issue of maintainability of civil
suit, remedy lay under S. 17 where Bank (secured creditor) adopts any measure as contemplated under S. 13(4) for
enforcement of its security interest, including sale of secured assets, in respect of which Respondents 1 to 5 were
claiming an interest - High Court erred in holding that civil court had such jurisdiction, (2014) 1 SCC 479-A
Debt, Debt Recovery and Relief
Ss. 13(4), 17, 34 and 35 - Ouster of jurisdiction of civil court - Extent of - Held, S. 34 ousts jurisdiction of civil courts in
respect of any matter which DRT or Appellate Tribunal is entitled to determine, while S. 13(4) deals with measures for
enforcement of security interest - Expression in respect of any matter in S. 34 also take in measures provided under S.
13(4) - Consequently, any person aggrieved against any measures can approach DRT or Appellate Tribunal and not civil
court - Civil court has no jurisdiction in such matters - Besides, SARFAESI Act overrides other laws in terms of S. 35, if
they are inconsistent with provisions of the Act, which takes in S. 9 CPC as well - Bank in instant case had proceeded
only against secured assets of borrowers i.e. Respondents 6 to 10 on which no rights of Respondents 1 to 5 had been
crystallised - High Court erred in holding that civil court had jurisdiction to examine as to whether measures taken by
secured creditor under S. 13(4) were legal or not, (2014) 1 SCC 479-B
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