IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI Dated the 07th of May, 2026 Justice G.

PRESENT: Hon’ble Mr. Chandrasekharan CHAIRPERSON M.A (SA):77/2025 (I.A. No. 1897/2024 in S.A. No. 385/2024 on the file of DRT-I, Ernakulam)

And M.A (SA):78/2025 (I.A. No. 1898/2024 in S.A. No. 385/2024 on the file of DRT-I, Ernakulam)

BETWEEN Sojan Paul, S/o. Paulose, Kizhakkebhagatu House, Kadavoor P.O., Kothamangalam, Ernakulam-686671.

… Appellant in both M.A (SA):77/2025 and M.A (SA):78/2025 And

1. State Bank of India, Vazhakulam Branch, P.B. No.1 Kavana Road, Muvattupuzha, Ernakulam-686670 Represented by its Manager.

2. State Bank of India Regional Business Office-4 (Muvattupuzha) 2nd Floor, V.S. Tower, Kacherithazham, Muvattupuzha, Ernakulam-686661, Represented by its Authorised Officer

3. Authorised Officer, State Bank Of India, Stressed Asset Recovery Branch, 7th Floor, Vankarath Tower, Bypass Junction, Palarivattom, Ernakulam, Kochi-682024

4. Benny K., S/o. Kuriakose, Residing at Kalimattathil, Najarakadavu, Kadavoor P.O.

Ernakulam-686671 … Respondents Counsel for Appellant : Mr. Navod Prasannan Counsel for R1 to R3 : Mr. M. L. Ganesh Counsel for R4 : Mr. Michael Francis

COMMON ORDER

1. The Appeals in M.A (SA) :77/2025 and M.A (SA):78/2025 have been filed against the orders passed in I.A. No. 1897/2024 and I.A. No. 1898/2024 in S.A. No. 385/2024 respectively, by Learned Presiding Officer, DRT-

I, Ernakulam.

2. S.A. No. 385/2024 has been filed by the Appellant seeking the following reliefs:

a). Call for all the records leading up to Annexure-A15 Memo dated 16/05/2024 from the Defendants 1 to 3 and Declare that Annexure-A1 Demand Notice, Annexure-A2 Possession Notice, Annexure-A7 Sale Notice, Annexure-A8 Demand Notice, Annexure-A10 Possession Notice, Annexure-A11 Sale Notice, Annexure-A12 Sale Notice, Annexure-A14 Sale Notice, and sale held on 09/05/2024 and confirmed in favour of 4th Defendant are in violations of SARFAESI Act and Rules;

(b). Order setting aside Annexure-A8 Demand Notice, Annexure-A10 Possession Notice, Annexure-A14 Sale Notice, and sale held on 09/05/2024 and confirmed in favour of 4th Defendant;

(c). Direct the Defendant to restore the possession of the property described in Annexure-A8 Demand Notice to the Applicant;

(d). To pass order directing the Defendant to pay costs of the proceedings and compensation to the Applicant;

(e). Issue such other Order or Direction as this Hon’ble Tribunal may deem fit to grant under the facts and circumstances of the case.

3. During the pendency of the Securitisation Application, the Appellant filed IA 1897/2024 seeking appointment of an Advocate Commissioner to inspect the secured asset and submit a report with regard to its nature and cultivation, and IA 1898/2024 was filed seeking stay of all measures under SARFAESI Act, 2002. The Learned Presiding Officer, after considering the submissions of the parties, dismissed both the Applications. Challenging the same, these Appeals have been filed.

4. It is the submission of Learned Counsel for Appellant that one of the main grounds raised in the Securitisation Application is that the property in question to be proceeded under SARFAESI Act, 2002, is a garden land and fully cultivated with various crops of rubber trees and coconut trees, and therefore, there is bar under Section 31(i) of the SARFAESI Act, 2002, to proceed against the said property. He further submitted that a Certificate issued by the Agricultural Officer, Krishibhavan, Paingottoor, No. KB PGR/18/2022-23 dated 15.09.2022 and other documents produced, would clearly establish that there are standing rubber trees and coconut trees in the property. Even in these Appeals, the Appellant has produced the documents like classification of land and farmers in the State of Kerala, reply given by the Village Officer, Land Revenue Officer to the RTI filed by the Appellant, Ration Card of the Appellant and report given by the Advocate Commissioner in OS No. 224/2025, to show that the land is of a