Scope of proceedings under Section 17 of the SARFAESI Act 2002 is quite large and applicant of such proceedings can be any person including Borrower, Guarantor or any person who may be affected by action taken under Section 13(4) of the Act – Smt. Omika Devi Vs. Indian Bank and Ors. – Allahabad High Court
Hon’ble Allahabad High Court observes that by the time the Original Suit giving rise to the instant appeal was filed by the appellant, the suit for partition had not been filed by any of the alleged co-sharers and, it is only after one year, the partition suit was filed. The Hon’ble Court is not inclined to make any observation regarding subsequent institution of suit as an attempt to shield the action taken in pursuance of the SARFAESI Act, 2002, and without expressing any opinion on the maintainability of any suit at this stage when the said question has not yet arisen before the civil court, this Court is of the view that appellant has a remedy of approaching the DRT independently or by seeking her impleadment in the pending SA.