Topic

jurisdictional excess

1 articleLatest March 2026
SARFAESI Act Section 13 | Oral Directions by DRT Cannot Validate Possession Restoration Without Written Order : Bombay HC
Case Law Analysis
|Bombay High Court

SARFAESI Act Section 13 | Oral Directions by DRT Cannot Validate Possession Restoration Without Written Order : Bombay HC

Bombay High Court rules that restoration of possession under the SARFAESI Act must strictly follow statutory procedures; oral directions or informal assurances from the Debt Recovery Tribunal are jurisdictionally invalid. The judgment reinforces that secured creditors cannot be compelled to relinquish possession based on unwritten assurances, safeguarding procedural fairness in debt recovery.