Share Tweet Plus One Pin It Email Print By: ashok kini December 7, 2018 2:05 pm Change Font Size ‘Attempting to take possession of a property which is not a secured asset under the guise of the SARFAESI Act is certainly a fraudulent action which can be called in question in a civil court.’ The High Court of Kerala has held that jurisdiction of the civil court is not barred if the plea is that the plaint schedule property is not the secured asset in respect of which a security interest is created. Answering the reference from a single bench which has doubted correctness of another single bench decision, the division bench comprising of Justice V. Chitambaresh and Justice R. Narayana Pisharadi observed: Attempting to take possession of a property which is not a secured asset under the guise of the SARFAESI Act is certainly a fraudulent action which can be called in question in a civil court. In this case, the suit was filed by the plaintiff for a decree of permanent prohibitory injunction restraining the defendants from trespassing or otherwise taking possession of the plaint A schedule property. The plaintiffs pleaded that there is an attempt on the… Read full this story
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Attempt To Take Possession Of Property Which Isn’t Secured Asset Can Be Called In Question In Civil Court: Kerala HC [Read Order] have 282 words, post on www.livelaw.in at December 7, 2018. This is cached page on Law Breaking News. If you want remove this page, please contact us.