Civil case against mortgaged property before SARFAESI act

10-Jun-2024 (In Recovery Law)
If I lodge a civil case about cancellation of registered sale deed on a mortgaged property due to mispresentation,does SARFAESI act will be applicable after few months from the above mentioned case?
Answers (1)

Answer #1
983 votes
Yes, Sarfaesi is an independent act and civil courts are barred to try suits under section 34.

Moreover, to advise you on this need to see the documents and papers executed first and the nature of apprehension.


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