In Brief
The Supreme Court heard an appeal by State Bank of India against a High Court order in a writ petition challenging recovery proceedings for an equitable mortgage on a residential flat. The High Court had allowed the respondents to approach another forum to establish their title to the property and directed deposit of Rs. 25 Lacs pending outcome. The Supreme Court held that under the Securitisation and Reconstruction of Financial Assets Act, 2002, civil courts cannot entertain such disputes; the Debts Recovery Tribunal and Appellate Tribunal have exclusive jurisdiction. The Court set aside the High Court's direction regarding deposit and permission to approach another forum, but remitted the writ petition to the High Court to decide on its own merits, leaving all questions open for fresh consideration.
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