Tushar Kanti Das vs Union Of India & Ors on 11 August, 2025

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possession of the bank in respect of the property concerned.

8. Appellant before us is aggrieved by the action of the bank in taking actual

physical possession of immovable property under Section 14 of the SARFAESI

Act, 2002. Appellant claims to be the owner of such property. Such property

was not mortgaged to the bank for any credit facility. According to the

appellant, title deeds of the immovable property are lying inside the

immovable property which is under the possession of the bank.

9. Section 17 of the SARFAESI Act, 2002 allows any person aggrieved by a

measure taken by a secured creditor under Section 13(4) of the SARFAESI Act,

2002 to approach the Debts Recovery Tribunal. Admittedly, the bank took

possession of the immovable property concerned after taking assistance under

Section 14 of the SARFAESI Act, 2002 in terms of Section 13(4) of the

SARFAESI Act, 2002.



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