डीआरटी में धारा 17 सरफ़ैसी आवेदन

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. 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.

1. 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

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

1. 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.

1. 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.

1. 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

1. 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.

1. 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.

1. 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;

(c) award the costs of this application to the Applicant; and

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