The Debts Recovery Tribunal, Ernakulam, dismissed the Securitization Application seeking to quash an order appointing an Advocate Commissioner for taking physical possession under Section 14 of the SARFAESI Act. The Tribunal held that there was substantial compliance of statutory requirements despite a minor defect regarding the date of the outstanding amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Fair Order
IN THE DEBTS RECOVERY TRIBUNAL - 1 AT ERNAKULAM
DATED THIS 24th DAY OF NOVEMBER, 2025
PRESENT: Su. WILLYAHM, B.Sc., M.L. [DISTRICT JUDGE - Retd] PRESIDING OFFICER
S.A No. 404 of 2025
Between
Mr. Saji M.Peter, S/o. M.A.Peter, Moolayil House, Edamala, Chungathara, Malappuram-679334.
Additional address:
Muttathara House, Erumamunda P.O. Kurumbilangode, Malappuram-679334.
--- Applicant
And
The South Indian Bank Ltd., Regional Office, Happy Tower, Vaikam Muhammed Basheer Road, Mananchira, Kozhikode-673001 Regd Office, SIB House, TB Road, Rep. by its Authorised Officer.
--- Defendant
This Securitization Application coming on 21.08.2025 for final hearing before me in the presence of Mr. Vinod Jabar, Counsel appearing for the Applicant and Mr. Ananthu V. Lal Advocate appearing for the defendant and upon hearing arguments of learned Counsels for all the parties and upon perusing the material on records, this Tribunal delivered the following:
SA No.404 of 2025
O R D E R
Page 2 of 5
SA No.404 of 2025
appointing Advocate Commissioner for taking physical possession of the secured asset. The Advocate Commissioner issued Annexure-A4 notice dated 30.05.2025 to the applicant and the guarantor informing them that he would take physical possession of the secured asset on 25.06.2025. The applicant having aggrieved against the above measures filed this SA seeking for the reliefs stated supra.
Page 3 of 5
SA No.404 of 2025
In Tulsi Rocks Pvt. Ltd. and others Vs. Bank of India and others (MANU/TL/0034/2019) the Hon'ble High Court of State of Telungana has held as follows:
“Wherever this Court finds that the parameters indicated in Clauses (i) to (ix) of the first proviso to Section 14 (1) of the Act are broadly complied with, the Court is bound to invoke the doctrine of ‘substantial compliance’. It must be remembered that Clause (i) to (ix) of the first proviso to Section 14 (1) of the Act merely provide the form in which the essential averments for an application under Section 14 of the Act are to be made. Therefore, what is important, is the substance and not the form.”
In the light of dictum laid down in the above cited judgment, this Tribunal holds that since there is substantial compliance of the statutory requirements contemplated u/s Section 14 (1) of the SARFAESI Act 2002, the mere failure of the defendant bank to mention the outstanding amount as on the date of filing of AnnexureA1 application and affidavit will not render Annexure-A1 as invalid.
Resultantly, S.A No.404 of 2025 stands dismissed. However, there shall be no order as to costs.
Dictated to Steno, taken down, transcribed, typed by him, corrected and pronounced by me in the open court on this the 24th day of November, 2025.
(Su. WILLYAHM) PRESIDING OFFICER
Mj/
Page 4 of 5
SA No.404 of 2025
List of documents filed by the Applicant along with the S.A.
| Sl. No. |
Date | Particulars | |
|---|---|---|---|
| 1. | 15.05.2025 | A true copy of the Sec.14 Application andAffidavit. |
Annexure-A1 |
| 2. | ….. | A true copy of the printout of case status obtained from website of E court service. |
Annexure-A2 |
| 3. | 23.05.2025 | A true copy of the order of the Chief Judicial Magistrate court Manjeri in MC No.537/2025. |
Annexure-A3 |
| 4. | 30.05.2025 | A true copy of the Notice of the Advocate Commissioner. |
Annexure-A4 |
List of documents filed by the defendant along with the written statement
| Sl. | Date | Particulars | |
|---|---|---|---|
| No. | |||
| 1. | 18.12.2024 | Copy of Section 13(2) Demand Notice | Annexure-B1 |
| 2. | ……. | Copy of the postal receipts evidencing the issuance of Section 13(2) notice to the borrowers/guarantor. |
Annexure-B2 |
| 3. | ….. | Copy of acknowledgment card evidencing the receipt of the same by the borrowers/guarantor. |
Annexure-B3 |
| 4. | 24.4.2025 | Copy of possession notice | Annexure-B4 |
| 5. | …… | Copy of postal receipt evidencing the issuance of Annexure B4 possession Notice to the borrower/guarantor. |
Annexure-B5 |
| 6. | 30.4.2025 | Paper publication made in leading English Daily “The New Indian Express”. |
Annexure-B6 |
| 7. | 30.4.2025 | Paper publication made in leading Malayalamdaily‘Madhyamam”. |
Annexure- B6(a) |
| 8. | ….. | Photographs evidencing the affixture of Annexure B4 notice in the security property. |
Annexure-B7 |
| 9. | ….. | Copy of CERSAI registration | Annexure-B8 |
(Su. WILLYAHM) PRESIDING OFFICER
Mj/-
Page 5 of 5
2 issues framed by the court
Whether the failure to mention the outstanding amount as on the date of filing in the Section 14 application renders the order appointing an Advocate Commissioner invalid.
Whether the Applicant is entitled to reliefs to quash the possession proceedings under Section 14 of the SARFAESI Act, 2002.
Colour shows how this judgement treated each authority
Tulsi Rocks Pvt. Ltd. and others Vs. Bank of India and othersRelied on¶32
MANU/TL/0034/2019
1 provisions across 1 enactments
Mr. Saji M.Peter
Su. WILLYAHM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
