Civil Court Can Hear Partition Suit Despite SARFAESI as DRT Cannot Grant Partition Relief: Bombay HC

Tourism Finance Corporation of India Limited Vs Aishwarya Chetan Khedkar @ Aishwarya Sanjay Mal (Bombay High Court) The Bombay High Court considered a writ petition challenging an order passed by the District Judge, Vadgaon–Maval, Pune, which granted a temporary injunction restraining the defendants from creating third-party interest in certain properties housing a hotel until the final disposal of a partition suit. The petitioner, a public limited company and secured creditor, had extended financial facilities to a partnership firm. The partners of the firm had also acted as guarantors and ...