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Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): Dipak Misra, A. M. Khanwilkar, D. Y. Chandrachud , JJJ

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (54 of 2002) , S.13, S.34— Enforcement of Security Interest - Bar on filing of Civil Suit - Petitioners seeking injunction to restrain Bank from proceeding with auction of property - Concurrent finding of Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT) establishing that petitioners failed to establish right, title and interest in relation to said property - High Court, without taking note of concurrent findings, directing petitioners to approach appropriate forum for Trial - No Civil Court can exercise jurisdiction to entertain any suit or proceeding in respect of any matter which DRT is empowered to determine - Order of High Court, liable to be set aside. Civil P.C. (5 of 1908) , S.9— Writ Petition No. 7480 of 2014, D/- 30-08-2016 (Bom), Reversed. (Para 6)