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      Question

      Section 34 of the SARFAESI Act contains an ouster

      clause. What does Section 34 provide?
      A No civil court shall have jurisdiction to entertain any suit in respect of any matter empowered to be determined by the DRT or Appellate Tribunal under the Act Correct Answer Incorrect Answer
      B No criminal court shall take cognizance of offences under this Act Correct Answer Incorrect Answer
      C The Act shall have no application to proceedings already pending before civil courts Correct Answer Incorrect Answer
      D The District Court shall have exclusive jurisdiction over all securitisation disputes Correct Answer Incorrect Answer
      E Borrowers cannot challenge enforcement actions before any authority Correct Answer Incorrect Answer

      Solution

      Section 34 of the SARFAESI Act is the civil court ouster provision. It provides that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Debts Recovery Tribunal or the Appellate Tribunal (DRAT) is empowered under this Act to determine. Furthermore, no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by this Act or under the RDDBFI Act, 1993. This provision significantly restricts borrowers from obtaining civil court injunctions against bank enforcement actions under SARFAESI, channelling all disputes to the specialized DRT/DRAT framework.

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