There cannot be multiple proceedings before different forums – JSK Distributions LLP & Anr. Vs. Board of Directors of RBL Bank Ltd. & Ors. – Bombay High Court
Hon’ble Court held that the nature of the case as pleaded and being labelled as fraud, cannot be accepted. In fact the proceedings initiated before the City Civil Court by the appellants appears to be the proceedings in absolute desperation, this more particularly, considering that the another partner namely the mother of the appellant No.1 had already raised a similar challenge before the Debt Recovery Tribunal and could not succeed in obtaining any order. Further the appellants had approached the Division Bench when the Division Bench clearly observed that the only remedy for the appellants is to invoke Section 17 of the SARFAESI Act. There cannot be multiple proceedings before different forums. The appellants have no choice to select such multiple remedies when the law prescribes otherwise. The learned Trial Judge is correct in coming to a prima facie conclusion that the appellants had not approached the City Civil Court with clean hands.
