Case Law Analysis
|Jharkhand High Court
Section 17A SARFAESI Act | Chairperson of DRTAT Cannot Grant Stay on Sale Certificate - Only Appellate Tribunal Can, Subject to Pre-Deposit: Jharkhand HC
The Jharkhand High Court has ruled that the Chairperson of the Debts Recovery Appellate Tribunal lacks judicial authority under Section 17A to stay the issuance of a sale certificate under SARFAESI Act. Only the Appellate Tribunal itself, after compliance with the mandatory pre-deposit requirement under Section 17(2), may grant such relief - reinforcing the separation between administrative and judicial functions in debt recovery proceedings and safeguarding secured creditors' enforcement rights.