Civil Court Can Cancel Sale Deeds Despite SARFAESI Bar: Delhi HC

Rajiv Sareen Vs Divyanshu Enterprises And Others (Delhi High Court) The Delhi High Court considered an appeal challenging a judgment of a Single Judge who had rejected the plaintiff’s civil suit under Order VII Rule 11 of the Code of Civil Procedure (CPC). The central question before the Court was whether a civil suit seeking cancellation of a registered sale deed is maintainable despite the bar on civil court jurisdiction under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The appellant and his father h...