Question
Section 34 of the SARFAESI Act contains an ouster
clause. What does Section 34 provide?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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