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In case of Fraud General Bar on Civil Proceedings Not Applicable | Section 34 | Sarfaesi Act
Case Law Details
- Case Name
- Tajunissa Vs Mr. Vishal Sharma (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Tajunissa Vs Mr. Vishal Sharma (Delhi High Court)
Statutory proscription engrafted in Section 34 of the SARFAESI Act, therefore, the Supreme Court has, in the afore-extracted passage from Mardia Chemicals, chiseled out an exception, in a case in which for example, the action of the secured creditor is alleged to be fraudulent or his claim may be so absurd and untenable which may not require any probe whatsoever.
The words used by the Supreme Court indicate that the exception to availability of the ordinary civil remedy, by the borrower, where the secured creditor has proceeded to take action u...
