Can I file a civil suit against the bank for instituting false proceedings before the DRT?

Can I file a civil suit against the bank for instituting false proceedings before the DRT? The bank of India has instituted false and frivolous proceedings against me in the DRT. The notice which was issued against me was never served on my address. My advocate has advised me to file a civil suit under section 151 of cpc and challenge the veracity of the proceeding. Proceeding without giving an opportunity to the opposite party is bad therefore I can file a civil suit and challenge the proceeding initiated by the bank.

by Shivendra Pratap Singh | Mar 25, 2023 | Civil Matters

Can I file a civil suit against the bank for instituting false proceedings before the DRT? The bank of India has instituted false and frivolous proceedings against me in the DRT. The notice which was issued against me was never served on my address. My advocate has advised me to file a civil suit under section 151 of cpc and challenge the veracity of the proceeding. Proceeding without giving an opportunity to the opposite party is bad therefore I can file a civil suit and challenge the proceeding initiated by the bank. 

You cannot file a civil suit for challenging the proceeding instituted under the special law or Act. SARFAESI Act is a special Act and it has special jurisdiction to try a class of cases. When the statutory rights have been given

to the bank to proceed against the defaulter to recover the NPA, the civil court cannot take cognisance in the suit filed under section 151 cpc.

The secured creditor has the right to approach the DRT for taking possession of the secured assets under the SARFAESI Act. In this situation you should withdraw your suit and file a securitisation application or file a counter affidavit in the Original Application filed by the bank.

When you have an alternative remedy to appear in the original application filed by the bank, there is no need to initiate another proceeding which is nowhere connected with the special law. 

Author's Profile

Tags: SARFAESI

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Bank refused to obey the order of Lok Adalat

Mar 9, 2025 |

This legal guidance explains the remedies available when a bank fails to comply with a compromise order passed by the Lok Adalat despite receiving the settled amount. It discusses enforcement of the award, execution proceedings, contempt-related remedies, and the legal course available against arbitrary action of the bank.

Subsequent proceedings in arbitration matter

Feb 7, 2025 |

This legal guidance explains the legal consequences and subsequent proceedings arising after an arbitration award or order in an arbitration matter. It discusses enforcement of the award, challenge proceedings under Section 34 of the Arbitration and Conciliation Act, execution remedies, limitation periods, and the jurisdiction of courts in post-award disputes.

Civil court dismissed suit for want of jurisdiction

Jan 11, 2025 |

This legal guidance explains the remedies available when a civil court dismisses a suit on the ground of lack of jurisdiction. It discusses return of plaint under the Civil Procedure Code, refiling before the competent court, limitation protection, and the legal consequences arising from adjudication by a court lacking jurisdiction.

Admission in NRI quota can be changed afterwards

Dec 25, 2024 |

This legal guidance explains whether admission obtained under the NRI quota can subsequently be altered, cancelled, or converted to another category. It discusses eligibility conditions, consequences of misrepresentation, university regulations, refund issues, and the legal remedies available against arbitrary cancellation or change of admission status.

Claim related to motor accident in consumer forum

Dec 2, 2024 |

This article discusses whether a claim arising out of a motor accident can be pursued before a Consumer Forum in addition to or instead of proceedings before the Motor Accident Claims Tribunal (MACT). It examines the maintainability of such claims under consumer protection law, the liability of insurance companies, and the distinction between deficiency in service and statutory compensation under the Motor Vehicles Act.