Module: | Enforcement and Appeals
Q8: The SARFAESI Act establishes a specific legal framework for debt recovery. Which of the following statements correctly describe its legal supremacy and jurisdiction?
1. Civil Courts have full jurisdiction to entertain suits regarding matters that the Debt Recovery Tribunal (DRT) is empowered to determine.
2. The provisions of the SARFAESI Act have an overriding effect over any other law that is inconsistent with it.
2. The provisions of the SARFAESI Act have an overriding effect over any other law that is inconsistent with it.
✅ Correct Answer: B
Statement 1 is incorrect because Section 34 specifically bars Civil Courts from entertaining any suit or proceeding in respect of any matter which the DRT or DRAT is empowered to determine.
Statement 2 is correct as Section 35 provides that the Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
Statement 2 is correct as Section 35 provides that the Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.