Kaagazaat

Section 17 SARFAESI Application to the DRT

At a glance

Price: Free, always.
Stamp duty: A Tribunal application is not stamped like a deed; it carries the fee and the number of copies the Tribunal's rules prescribe.
Registration: Not a registrable instrument.
Witnesses: No attesting witness signs the application.

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Also called

DRT application against possession
securitisation application
S.A. before Debts Recovery Tribunal
challenge to bank possession
challenge to auction of mortgaged property
section 17 application
ਡੀਆਰਟੀ ਅਰਜ਼ੀ
डीआरटी आवेदन

When you need it

A bank or other secured creditor has taken possession of your mortgaged property, taken over the management of a business, issued a notice of sale, or sold the property, after a demand notice under the SARFAESI Act — and you want the Debts Recovery Tribunal to examine whether that step was lawful. This is the application under section 17 of the Act that a borrower, guarantor or owner aggrieved by such a measure files before the Tribunal.

This is a tribunal paper and is usually filed through an advocate: the Tribunal has its own filing rules, fee, number of copies and format, and the time to file is short and runs from the date of the measure. The application is drafted here as a plain petition with a verification; the advocate names, the fee and any deposit are for the Tribunal's counter and your advocate to confirm. Nothing in this document stops the bank on its own — an interim order has to be asked for and granted. Not for the written objection you send the bank within the period after the demand notice (use the Representation and Objection under Section 13(3A) SARFAESI Act), and not for an appeal from the Tribunal's own order.

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What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

A Tribunal application is not stamped like a deed; it carries the fee and the number of copies the Tribunal's rules prescribe. Confirm the current fee at the Tribunal's filing counter before presenting it; this document states no figure.

Registration

Not a registrable instrument. It is lodged with the Tribunal's registry and becomes part of its record.

Notarisation

The verification at the end is sworn or affirmed before a Notary Public or Oath Commissioner, or as the Tribunal's registry directs.

Witnesses

No attesting witness signs the application.

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BEFORE DEBTS RECOVERY TRIBUNAL, CHANDIGARH

Application (S.A.) No. X

APPLICATION UNDER SECTION 17 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002

Balwinder Singh, son of Sh. Gurdev Singh, resident of House No. 61, Sector 22-A, Chandigarh 160022 ... APPLICANT

VERSUS

State Bank of India, Retail Assets Branch, Sector 17, Chandigarh ... RESPONDENT NO. 1 (the secured creditor)

Other respondents: X

MOST RESPECTFULLY SHOWETH:

1. That the Applicant is the borrower in relation to the facility described below and is a person aggrieved by the measure complained of. This application is filed in the State of Punjab.

2. That the secured creditor granted the following facility: A home loan of Rs 40,00,000 sanctioned on 14 March 2018, account no. xxxx7712

3. That the facility is secured by: The residential house at House No. 61, Sector 22-A, Chandigarh, mortgaged by deposit of title deeds

4. That the secured creditor issued a demand notice under section 13(2) of the Act dated 2 April 2026 for ₹41,50,000 (Rupees Forty One Lakh Fifty Thousand only). The account had been classified as a non-performing asset on 1 April 2026.

5. That the Applicant's reply to the demand notice, and the secured creditor's response, were as follows: The Applicant objected in writing on 20 June 2026. The bank rejected the objection by letter dated 2 July 2026 without giving reasons.

6. That on 3 April 2026 the secured creditor took symbolic possession of the secured asset. Details: Possession notice dated 12 August 2026 pasted on the gate; auction notice for 10 October 2026 with reserve price Rs 38,00,000

7. That the measure is invalid and unlawful on the following grounds: The demand notice was never served on the Applicant; the amount demanded includes charges not agreed in the loan agreement; and the bank sold without a valid valuation or the notice period the law requires.

8. That this application is within time because: The step was taken on 12 August 2026 and this application is filed within the time the Act allows from that date.

9. That no other proceeding on the same cause is pending between the parties before any court or tribunal, except: None

PRAYER

It is therefore most respectfully prayed that this Hon'ble Tribunal may be pleased to:

(a) declare that the measure taken by the secured creditor under section 13(4) of the Act is invalid and, if possession has been taken, restore possession of the secured asset to the Applicant;

(b) pending the decision of this application, to stay the sale or auction of the secured asset until this application is decided;

(d) pass any other order that the Tribunal considers fit and proper.

Questions about this document

Does the Section 17 SARFAESI Application to the DRT need stamp paper or stamp duty in Punjab and Chandigarh?

A Tribunal application is not stamped like a deed; it carries the fee and the number of copies the Tribunal's rules prescribe.

See the full position on stamp duty, registration and witnesses

Does the Section 17 SARFAESI Application to the DRT need registration in Punjab and Chandigarh?

Not a registrable instrument.

See the full position on stamp duty, registration and witnesses

What does the Section 17 SARFAESI Application to the DRT cost on Kaagazaat?

Free, always.

Does the Section 17 SARFAESI Application to the DRT need witnesses?

No attesting witness signs the application.

See the full position on stamp duty, registration and witnesses

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