Bombay High Court (N.J. Jamadar, J.; reserved 19 January 2026, pronounced 4 February 2026) dismisses fifteen Civil Revision Applications (led by CRA No. 580 of 2024; with CRAs 590-601 of 2024, 133 of 2025 and 252 of 2025) filed by Central Bank of India, Chembur Branch — mortgagee under Mortgage Deeds dated 11 January 2005 executed by purchaser-Defendants No.1 of plots in the 'Dwarka Bungalow Scheme', Taloja Majkur, Panvel — against identical orders dated 15 June 2024 of the Civil Judge, Senior Division, Panvel rejecting its Applications (mounted purportedly under Section 9A CPC) to frame and try jurisdiction as a preliminary issue and dismiss the suits (led by SCS No. 57 of 2007) for want of jurisdiction, on grounds of the Section 18 RDB Act bar and res judicata vis-à-vis DRT O.A. No. 39 of 2008 and DRAT Appeal No. 296 of 2010. Held: (i) the declaratory reliefs sought — rescission of the Agreements for Sale dated 7 January 2005 and that the mortgage deeds are not binding on the developer-plaintiffs — relate to matters preceding any secured-creditor measures under Section 13(4) SARFAESI Act; the Tribunal has no jurisdiction under Section 17 SARFAESI/RDB Act to grant them, so Sections 18 RDB Act and 34 SARFAESI Act are not prima facie attracted; (ii) per Bank of Rajasthan (3-Judge Bench) there is no ouster of the defendant's civil-suit remedy under the RDB Act, and per Bank of Baroda (DB, approved in Central Bank of India v. Prabha Jain) civil rights of persons other than borrowers/guarantors, whose reliefs the Tribunal cannot grant, lie with the Civil Court; (iii) a plaint cannot be rejected in part — qua defendants, properties or reliefs (Sejal Glass; Madhav Prasad Aggarwal; Prabha Jain; Kum. Geetha; V. Narayanaswamy; lineage from Maqsud Ahmad (1936)) — notwithstanding the contrary Division Bench stance in Sheela Ram Vidhani according precedential value to Church of Christ; (iv) res judicata is beyond the scope of an Order VII Rule 11(d) rejection plea (Shrihari Hanumandas Totala). Interim stay of trial-court proceedings refused; no costs.
