Order No:06                                                                                            Date:04/03/2024

This case record is taken up for consideration in the matter of passing order in respect of the petition filed in this MA Case stating inter alia that the Complaint  Case No. 280/2022 is not maintainable in the eye of law.

This matter has been contested by the OP of this MA Case (who is the complainant of above noted Complaint Case).

Heard argument  of both sides in full.  Considered submission.

It is the main point of contention and argument that this Civil Court as well as this District Commission has no jurisdiction to try any Complaint  Case where  proceedings  under SARFAESI Act,2002  has been initiated  by the Bank Authority.

On the other hand Ld. Advocate for the OP in course of argument pointed out that in the above noted Complaint Case the complainant has sought for relief against Promoter Developer as well as  Bank Authority and so this Complaint Case cannot be dismissed by virtue of such petition on the ground  that this case is not maintainable in the eye of law.

This District Commission after going through the material of this case record and also after examining the material of CC Case No.  280/2022 finds that this Complaint Case has been filed by the complainant on 21^st October, 2022 which is  well after initiation  of the proceedings u/s  SARFAESI Act,2002 and  publication of the notice in the newspaper.

On the background of the point of argument and point of contention of  both sides,  this District Commission  after going through the  material of this case record finds that the OP, Bank Authority has started proceedings u/s 13 (2) of the SARFAESI Act, 2002 prior to institution  of this Complaint Case.

Now the question is whether this Compliant Case is maintainable particularly when proceedings u/s 13(2) of the SARFAESI Act, 2002 has already been started or not ?

In this connection  as per provisions of Section 34 of SARFAESI Act, 2002 the Consumer Commission has no power  to interfere when the notice has been issued under SARFAESI Act, 2002.  Hon’ble West Bengal  State Consumer Disputes Redressal  Commission, Kolkata has been pleased to observe that Civil Court or any other Authority cannot arrogate to itself  a right to make decision or  interfere with the proceedings under SARFAESI Act, 2002 and as per Section 34 of the said Act,  the Consumer Commission has no power  to try this case when notice has been issued  under SARFAESI Act, 2002.  This legal principle has been reported in the  2022 (2) CPR 101 (W.B).

Thus, it is crystal clear that this District Commission has no jurisdiction to try the above noted Complaint Case.  For that reason the argument and point of contention  highlighted  by OP of this MA Case who is the complainant  of the Complaint Case No. 280/2022 cannot be accepted.

In the result, it is accordingly,

ORDERED

That this MA Case being No. 103/2023 is allowed on contest.  It is held that the Complaint Case No. 280/2022 is not maintainable in the eye of law and for that reason the Complaint Case No. 280/2022 be and the same is dismissed on contest.

No order is passed as to cost.

Dictated & corrected by me

President