Supreme Court limits DRT's power to restore possession under SARFAESI
The Supreme Court held that Section 17 of the SARFAESI Act lets a Debts Recovery Tribunal restore possession only to whoever held it before the bank's enforcement action, not hand possession to a claimant who was never in possession. A third party with an independent title or inheritance claim against the mortgaged property must go to civil court instead, so a clean SARFAESI file can still be sitting on top of a possession dispute the tribunal cannot touch.
· TaxGurusource