Tribunal Must Be Alive to the Contentions Raised in the Securitisation Application” – Kerala High Court Dismisses Challenge Against DRT’s SARFAESI Act Decisions

The Kerala High Court, under the judgment of Justice K. Babu, has dismissed a petition contesting the Debt Recovery Tribunal-I, Ernakulam’s orders regarding the enforcement of security interest under the SARFAESI Act against M/S JIS International Exports Pvt. Ltd. This decision came after allegations of substantial loan defaults by the petitioner.

The core legal discussion centered on the challenge to the enforcement actions under the SARFAESI Act, scrutinizing both the jurisdiction of the Debt Recovery Tribunal (DRT) and its adherence to procedural and statutory requirements.

The petitioners, M/S JIS International Exports Pvt. Ltd., faced actions under the SARFAESI Act initiated by Indian Overseas Bank due to alleged failures to repay loans totaling approximately Rs. 1430 Lakhs. The petition raised questions about the procedural correctness and jurisdictional authority of the DRT’s orders.

Jurisdiction and Adherence to Procedure: The High Court confirmed that the DRT had appropriately exercised its jurisdiction and followed the procedures as prescribed under the SARFAESI Act, aligning with previous High Court directives.

Analysis under SARFAESI Act: It was determined that the DRT correctly applied legal provisions, particularly regarding the enforcement of security interests, and that the procedural challenges raised by the petitioners were without merit.

Compliance with Mandatory Requirements: The Tribunal’s actions in granting physical possession of secured assets were upheld, with findings that statutory requirements under the SARFAESI Act were met.

Interim Relief Principles: The Court emphasized the Tribunal’s duty to consider the merits of the case based on the principles of interim relief, including a strong prima facie case, balance of convenience, and prevention of irreparable injury. The Tribunal was found to have properly considered these aspects in its deliberations.

Decision The petition was dismissed, affirming the DRT’s decisions under the SARFAESI Act. This judgment underlines the adequacy of the statutory frameworks within the SARFAESI Act for redressal and enforcement of security interests.

 Date of Decision: April 19, 2024

M/S JIS International Exports Pvt. Ltd. And Others v. Debt Recovery Tribunal-1 Ernakulam, Indian Overseas Bank, and Others