narendra.s.p (Chief Manager(Law)) 27 September 2011
The jurisdiction of the Civil Court is expressly barred under section 34 of the SARFAESI Act. However Civil court wrongly entertains & exercises jurisdiction. it also grants ex-parte stay against the defendant (Authorised Officer) from proceeding furher in enforcing its security interest under securitisation. However ignoring the ex-parte order of stay the Authorised officer proceeds further.
Will the action of the Authorised Officer amount to contempt?
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 September 2011
Yes if the authorized officer go against the court order then he will be liable for contempt of court proceeding. so the authorized officer go to DRT first and secondly file a writ petition of Que warranto in the high court of jurisdiction.
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