The Debts Recovery Tribunal dismissed an applicant's application challenging securitization proceedings, including the appointment of an Advocate Commissioner, finding no material illegality or defect in the bank's actions under the SARFAESI Act and imposing costs.
Securitization application dismissed; applicant to pay cost of Rs.20,000 to defendant.
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.
IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM
PRESENT: SRI. SOVAN KUMAR DASH PRESIDING OFFICER
Dated this the 26th day of February, 2026
SECURITIZATION APPLICATION No.752/2025
Between
Soumya T., W/o. Manikandan, Kozhiyangattil House, Kattukulam South P.O., Sreekrishnapura II, Ottappalam, Palakkad, PIN – 679 514. …Applicant
And
The Authorised Officer, Bank of Baroda, Chottanikara Branch, Woodlands Building, Ernakulam, Kohi – 682 312. …Defendant
This Securitization Application having been heard on 14.01.2026 in the presence of Advocate Mr. Aype Joseph for the applicant, present through virtual mode and Advocate Ms. Uma G.Krishnan for the defendant and stood over to this day for consideration, the Tribunal delivered the following:
F I N A L O R D E R
Challenging the securitization proceeding initiated by the defendant under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’),
SA 752/2025
2
the applicant/borrower has filed this SA under S.17(1) of the SARFAESI Act seeking relief to set aside the order passed by the Chief Judicial Magistrate Court, Pathanamthitta in appointing an Advocate Commissioner to take possession of the secured asset.
Brief facts of the case :
2.1 The applicant along with her husband availed housing loan facility from the defendant bank and other facilities by creating security interest over the subject matter property. Due to nonrepayment of the loan, the defendant issued a demand notice under Section 13(2) of the SARFAESI Act calling the applicant to pay an amount of Rs.97,29,759/-. But the applicant failed to remit the same. The defendant filed MC No.408/2025 before the Chief Judicial Magistrate Court, Pathanamthitta seeking to appoint an Advocate Commissioner to take physical possession of the secured asset. The order passed by the CJM in appointing the Advocate Commissioner to take possession of the secured asset and the notice issued by the Advocate Commissioner are under challenge in this SA.
2.2 As per the averments in the SA the applicant approached the Hon’ble High Court of Kerala in WP(C) No.23759/2025 which was disposed with certain conditions. But she could not comply with the entire conditions. The applicant again approached the Hon’ble High Court of Kerala in WP(C) No.41853/2025 seeking to remit the
SA 752/2025
3
overdue amount in easy instalments. The Hon’ble High Court of Kerala disposed the Writ Petition permitting applicant to approach this Tribunal under Section 17 of the SARFAESI Act. It is claimed in the SA that the notice issued by the Advocate Commissioner is not proper. The classification of the loan as ‘NPA’ is also illegal. Hence the SA is filed praying to set aside the securitization proceeding.
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some fraudulent documents. There is no illegality in the securitization proceeding. All the measures are taken in accordance with law. In absence of any illegality, the SA may be dismissed.
(i) Whether the securitization proceeding initiated by the defendant suffers from any illegality or defect or irregularity to intervene with the same? (ii) Whether the applicant is entitled to get any relief in this proceeding?
FINDINGS:
Point No.(i) & (ii):-
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Hence it is ordered:-
ORDER
(Dictated to my PA, corrected and pronounced by me in the open Tribunal on this the 26th day of February, 2026).
[SOVAN KUMAR DASH] PRESIDING OFFICER
SA 752/2025
Documents on the part of the applicant
| Annexures | Date | Particulars of documents |
|---|---|---|
| Annexure-A1 | 13.03.2025 | Section 13(2) notice. |
| Annexure-A2 | 12.09.2025 | Copy of petition and affidavit filed before the CJM Court, Pathanamthitta. |
| Annexure-A3 | 19.09.2025 | Order passed by the CJM Court in MC No.408 of 2025 |
| Annexure-A4 | 08.10.2025 | Notice issued by the Advocate Commissioner. |
| Annexure-A5 | 15.09.2025 | True copy of the Receipt for Rs.4,99,000/-. |
Documents on the part of the defendant
| Annexures | Date | Particulars of documents |
|---|---|---|
| Annexure-B1 | 05.03.2024 | Power of attorney. |
| Annexure-B2 | 15.03.2025 | Postal acknowledgment card. |
| Annexure-B3 | 14.08.2025 | Order in WP (C) No.23759/2025 |
| Annexure-B4 | 05.03.2024 | Salary Certificate of Mr. Manikandan. |
| Annexure-B5 | 10.06.2025 | Copy of e-mail communications |
| Annexure-B6 | 16.06.2025 | Police Complaint. |
| Annexure-B7 | 11.07.2025 | Copy of FIR (along with English translation) |
| Annexure-B8 | 15.07.2025 | Copy of CERSAI Certificate. |
| Annexure-B9 | 15.07.2025 | Copy of CERSAI Certificate. |
PRESIDING OFFICER
SA 752/2025
IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM
PRESENT: SRI. SOVAN KUMAR DASH PRESIDING OFFICER
Dated the 26th February, 2026
SA No.752/2025
Between
Soumya T., W/o. Manikandan, Kozhiyangattil House, Kattukulam, South P.O., Sreekrishnapura II, Ottappalam, Palakkad, PIN – 679 514. …Applicant
And
The Authorised Officer, Bank of Baroda, Chottanikara Branch, Woodlands Building, Ernakulam, Kohi – 682 312. …Defendant
F I N A L O R D E R
2 issues framed by the court
Whether the securitization proceedings initiated by the defendant suffer from any illegality, defect, or irregularity warranting intervention?
Whether the applicant is entitled to any relief in the current proceeding regarding the notice for possession?
Colour shows how this judgement treated each authority
Hon'ble High Court of Kerala orderReferred¶2
WP(C) No.23759/2025
Hon'ble High Court of Kerala orderReferred¶2
WP(C) No.41853/2025
3 provisions across 1 enactments
Soumya T.
Sovan Kumar Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sovan Kumar Dash
Parties & counsel
