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A. MUHAMED MUSTAQUE, S. MANU
Ameena Salim, W/o Late P. A. Salim – Appellant
Versus
Presiding Officer Debt Recovery Tribunal - 1 – Respondent
JUDGMENT :
A.Muhamed Mustaque, Acg.C.J.
This appeal addresses an important issue regarding the procedure to be followed by the Debt Recovery Tribunal (DRT) while considering the challenge raised under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. The Security Interest (Enforcement) Rules, 2002 (in short 'SIE Rules) prescribed different table of fees for challenge to be raised under Section 17 of the SARFAESI Act. It is appropriate to refer Rule 13 of SIE Rules, which reads as follows;
(1) Every application under sub-section (1) of section 17 or an appeal to the Appellate Tribunal under sub-section (1) of section 18 shall be accompanied by a fee provided in the sub-rule (2) and such fee may be remitted through a crossed demand draft drawn on a bank or Indian Postal Order in favour of the Registrar of the Tribunal or the Court as the case may be, payable at the place where the Tribunal or the Court is situated.
(2) The amount of fee payable shall be as follows:
| No. | Nature of Application | Amount of Fee payable |
The determination of a party's status in debt recovery proceedings must be adjudicated by the Tribunal, not merely treated as a procedural defect.
The court affirmed that statutory rights to challenge measures under the SARFAESI Act cannot be extinguished by writ issuance, directing the appellant to pursue remedies before the Debt Recovery Trib....
The review of orders under the SARFAESI Act is limited to correcting errors apparent on the record and cannot be used to re-hear matters or consider new evidence.
The court provided protection to the petitioner until the securitization application is heard by the Debts Recovery Tribunal, considering the non-functioning of the tribunal due to the vacancy of the....
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