The Hon’ble High Court held that the words “to be taken” forming a
part of Section 34 of SARFAESI Act cannot have an ethereal meaning
giving infeasible rights to a party de hors the law of the land.
Section 34 of the SARFAESI Act is not a stand-alone provision and as
stipulated in Section 36 therein, it must be read along with the
provisions contained in the Limitation Act, 1963. Legal plea of
limitation is fundamental to all proceedings before a Court of law.
This Court at the appellate stage is free to take up any legal issue
which has a material bearing and which is germane to the issue, and
forms the very essence thereof. In any event, the same is instrumental
for the purposes of adjudication of the present dispute as the suit of
the respondents was not arising out of the either SARFAESI Act or the
RDDBFI Act.
Section 34 of SARFAESI Act that the same is applicable to only such
cases which are governed by and thus are within the purview of the
SARFAESI Act or the RDDBFI Act. A perusal of the whole SARFAESI Act
reveals that there is no bar of any kind for a Civil Court to proceed
with such actions which are beyond the domain of the SARFAESI Act of
the RDDBFI Act. The jurisdiction of a Civil Court has not been ousted
and has only been restricted by introduction of the SARFAESI Act.