Mr. Justice Devashis Baruah

When it is a case of fraud the jurisdiction of the Civil court is not ousted on the basis of Section 34 of SARFAESI Act, 2002 – ICICI Bank Ltd. Vs. Saswati Das – Gauhati High Court

Hon’ble High Court held that when it is a case of fraud the jurisdiction of the Civil court is not ousted on the basis of Section 34 of the Act of 2002. But, as already stated herein above, the question depends upon whether it is a mere allegation of fraud or fraudulent to avoid the provisions of the Act of 2002. The Code of Civil Procedure, more particularly Order VI deals with pleadings. Order VI Rule 2 stipulates that the pleading shall contain material facts and not evidence. However, Order VI Rule 4 is an exception to the general Rule which stipulates that when it is a case of fraud, misrepresentation, breach of trust, wilful default or undue influence in which particulars may be necessary beyond such as are exemplified in the forms in Appendix A, particular (with dates and items if necessary) shall be stated in the pleadings.

When it is a case of fraud the jurisdiction of the Civil court is not ousted on the basis of Section 34 of SARFAESI Act, 2002 – ICICI Bank Ltd. Vs. Saswati Das – Gauhati High Court Read Post »

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