SARFAESI Section 17 Limitation in Patna · 45-Day Period · BR/1115/2023
Facing SARFAESI enforcement action in Patna? The SARFAESI Section 17 limitation period is 45 days from the date the Section 13(4) measure was taken. Advocate Simran Kumari handles the complete SARFAESI Section 17 limitation process for Patna borrowers — from calculating the SARFAESI Section 17 limitation deadline, through compiling the SARFAESI Section 17 limitation documents and filing the application before DRT Patna, to the SARFAESI Section 17 limitation remedy including condonation of delay and Patna High Court writs. This is the definitive SARFAESI Section 17 limitation guide for Patna.
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SARFAESI Section 17 limitation process, SARFAESI Section 17 limitation documents, SARFAESI Section 17 limitation remedy, condonation of delay and DRT Patna procedure.
iiAdvocate-assisted SARFAESI Section 17 limitation calculation, SARFAESI Section 17 limitation process filing before DRT Patna, documents compilation and remedy against delayed enforcement.
iiiSend your SARFAESI notice, possession notice or Section 17 limitation query and get a same-day SARFAESI Section 17 limitation assessment from Kankarbagh.
SARFAESI Section 17 limitation in Patna — the 45-day window is running.
Under Section 17(1) of the SARFAESI Act, 2002, any person aggrieved by measures under Section 13(4) must file an application before the Debt Recovery Tribunal in Patna within 45 days of the measure. The SARFAESI Section 17 limitation period runs from the date the measure was taken — not from the date of knowledge. Missing the SARFAESI Section 17 limitation deadline can result in dismissal unless condonation of delay is sought under the proviso.
Understanding the SARFAESI Section 17 limitation process is the first step to filing within time before the Debt Recovery Tribunal in Patna.
Every SARFAESI Section 17 limitation matter in Patna is processed through the official DRT Patna portal and the Patna High Court. The links below are the official portals referenced throughout this SARFAESI Section 17 limitation guide.
DRT Patna — forum for SARFAESI Section 17 limitation in Patna
DRT Patna is located at the 2nd Floor, A, B & F Wing, Karpuri Thakur Sadan, Kendriya Karmchari Parisar (GPOA), Ashiana Digha Road, Patna – 800025. The Debt Recovery Tribunal in Patna exercises territorial jurisdiction over the entire state of Bihar for SARFAESI Section 17 limitation matters. Appeals against DRT Patna orders lie to the DRAT Allahabad under Section 18 of the SARFAESI Act.
Every SARFAESI Section 17 limitation sub-topic is organised below by stage — from the Section 13(4) measure to the Patna High Court.
A review of the leading DRT Patna pages shows a consistent pattern: most list the 45-day period without explaining the SARFAESI Section 17 limitation process, the SARFAESI Section 17 limitation documents checklist, the condonation of delay or the Patna High Court authority on SARFAESI Section 17 limitation remedy.
| Gap observed | What most competitor pages do | What this SARFAESI Section 17 limitation in Patna hub does instead |
|---|---|---|
| No SARFAESI Section 17 limitation process | Mentions "45 days" without explaining the step-by-step filing process or the computation of the limitation period | Complete SARFAESI Section 17 limitation process — computation, documents, filing before DRT Patna and interim relief |
| No SARFAESI Section 17 limitation documents checklist | Says "documents required" without listing what to collect | Detailed SARFAESI Section 17 limitation documents checklist — loan agreement, Section 13(2) notice, possession notice, account statement and correspondence |
| No SARFAESI Section 17 limitation remedy analysis | Ignores condonation of delay, Section 5 of the Limitation Act and Patna HC writ remedy | Full SARFAESI Section 17 limitation remedy section — condonation under the proviso, Section 5 Limitation Act and Patna HC writ |
| No Patna case law | General content with no Patna High Court authority on SARFAESI Section 17 limitation | Patna High Court ruling on DRT's power to condone delay under SARFAESI Section 17 limitation (2025 judgment) |
| No distinction — measure vs knowledge | Confuses the date the measure was taken with the date of knowledge | Clear explanation that SARFAESI Section 17 limitation runs from the date the measure was taken, not the date of knowledge |
Practical effect of these gaps on SARFAESI Section 17 limitation in Patna
A borrower or guarantor in Patna who receives a SARFAESI possession notice or sale notice often finds pages that describe what Section 17 is but not how to compute and comply with the SARFAESI Section 17 limitation or which SARFAESI Section 17 limitation documents are needed. This SARFAESI Section 17 limitation hub is structured the opposite way — every section starts with the statutory provision, the computation, the documents and the Patna forum.
Every SARFAESI Section 17 limitation matter is scoped to the measure challenged, the computation of the 45-day period, the documents required and the forum.
Calculation of the SARFAESI Section 17 limitation period from the date the Section 13(4) measure was taken — possession notice, sale notice, takeover of management or instruction to transfer the secured asset.
Filing the Section 17 application within the SARFAESI Section 17 limitation before DRT Patna — drafting the SA, interim relief application, court fee under Rule 13(2) and registration on the DRT portal.
Compilation of the complete SARFAESI Section 17 limitation documents — loan agreement, account statement, Section 13(2) notice, Section 13(3A) reply, possession notice and sale notice.
The SARFAESI Section 17 limitation remedy where the 45-day period has lapsed — condonation of delay under the proviso to Section 17(1), Section 5 of the Limitation Act and Patna High Court writ jurisdiction.
Writ petitions under Article 226 against DRT Patna orders on SARFAESI Section 17 limitation — where the tribunal has erred in computing the 45-day period or refused condonation arbitrarily.
Appeals under Section 18 of the SARFAESI Act before the DRAT Allahabad against DRT Patna orders on SARFAESI Section 17 limitation — within 30 days, with the Section 18(2) pre-deposit.
Your SARFAESI Section 17 limitation matter is handled by the advocate herself — not routed through intermediaries or call centres.
Familiar with the DRT Patna registry at Karpuri Thakur Sadan, the SARFAESI Section 17 limitation computation and the Patna High Court writ jurisdiction over DRT Patna orders.
The chamber is located at P.C. Colony, Kankarbagh, Patna – 800020, easily accessible for any SARFAESI Section 17 limitation consultation.
Advice on SARFAESI Section 17 limitation grounded in the SARFAESI Act, 2002 and current Patna High Court authority.
Send the SARFAESI measure notice
Share the Section 13(2) demand notice, possession notice, sale notice or Section 13(4) measure by WhatsApp or email. Acknowledge receipt is issued the same day from the Kankarbagh chamber.
SARFAESI Section 17 limitation assessment call
A short call to establish the date of the measure, the SARFAESI Section 17 limitation computation, the documents required and any immediate protective steps before DRT Patna.
Written scope
A written scope of the engagement and the fee arrangement for the SARFAESI Section 17 limitation stage, before the Section 17 application is filed.
SARFAESI Section 17 limitation filing and representation
Drafting the Section 17 application, compiling the SARFAESI Section 17 limitation documents, filing before DRT Patna and representing you for interim relief and final hearing.
Ready to file within your SARFAESI Section 17 limitation? The 45-day window is running.
Send your SARFAESI notice and receive a same-day SARFAESI Section 17 limitation assessment from Kankarbagh.
The SARFAESI Section 17 limitation period is 45 days from the date on which the measure under Section 13(4) of the SARFAESI Act, 2002 was taken. Under Section 17(1), "any person (including borrower)" aggrieved by any of the measures referred to in Section 13(4) may make an application to the Debt Recovery Tribunal in Patna within 45 days from the date on which such measure was taken[reference:0].
The SARFAESI Section 17 limitation clock runs from the date the measure was taken — not from the date the borrower became aware of it. Courts have treated it as a special limitation period and applied it strictly[reference:1]. The measures under Section 13(4) that trigger the SARFAESI Section 17 limitation include: possession notice, actual possession, takeover of management, and instruction to transfer the secured asset[reference:2].
Under the Explanation to Section 17(1), a communication of the secured creditor's reasons for not accepting the borrower's representation under Section 13(3A) is not itself a measure for the purposes of the SARFAESI Section 17 limitation[reference:3]. The limitation runs from the Section 13(4) measure, not from the Section 13(3A) reply.
After the 2016 amendment, Section 17(1) permits "any person (including borrower)" — not just the borrower — to file an application. Guarantors, co-owners, tenants in occupation and auction purchasers can invoke the SARFAESI Section 17 limitation period[reference:4]. The Patna High Court has held that a borrower's son, as a legal heir of the deceased mortgagor, has an interest in the property and can file a Section 17 application within the SARFAESI Section 17 limitation[reference:5].
| Stage | Provision | Timeline |
|---|---|---|
| Section 13(2) demand notice | SARFAESI Section 13(2) | 60 days to repay |
| Section 13(3A) objection | SARFAESI Section 13(3A) | Within 60 days of notice |
| SARFAESI Section 17 limitation — SA filing | SARFAESI Section 17(1) | 45 days from Section 13(4) measure |
| DRT Patna disposal | SARFAESI Section 17(5) | 60 days, maximum 4 months |
| DRAT appeal | SARFAESI Section 18(1) | 30 days from DRT Patna order |
Not sure when your SARFAESI Section 17 limitation started?
Send the Section 13(4) measure notice and get a same-day SARFAESI Section 17 limitation computation from Kankarbagh.
The SARFAESI Section 17 limitation process involves filing a Securitisation Application (SA) before the Debt Recovery Tribunal in Patna within the 45-day period. There is no pre-deposit to file a Section 17 application — the pre-deposit requirement of 75% was struck down by the Supreme Court in Mardia Chemicals Ltd. v. Union of India[reference:6]. Filing alone does not stop enforcement — an interim order must be obtained[reference:7].
Identify the Section 13(4) measure
Determine the exact date the measure was taken — possession notice, actual possession, takeover of management or instruction to transfer. This date triggers the SARFAESI Section 17 limitation.
Compute the SARFAESI Section 17 limitation deadline
Calculate 45 days from the date of the measure. Diarise the deadline immediately. Where the limitation is about to expire, prepare a condonation application simultaneously.
Compile SARFAESI Section 17 limitation documents
Compile the loan agreement, account statement, Section 13(2) notice, Section 13(3A) reply, Section 13(4) measure notice and any correspondence with the bank.
Draft the Section 17 application
Draft the Securitisation Application with memo of parties, grounds, limitation particulars and prayer for setting aside the measure and restoring possession.
File before DRT Patna
File the SA before the Debt Recovery Tribunal in Patna with the court fee under Rule 13(2) of the Security Interest (Enforcement) Rules, 2002 and obtain registration.
Apply for interim relief
File an interim application seeking stay of further enforcement and restoration of possession pending disposal of the Section 17 application.
Compiling the correct SARFAESI Section 17 limitation documents is essential to filing a complete and admissible application before the Debt Recovery Tribunal in Patna. The documents required depend on the measure challenged, but the following are typically required[reference:8][reference:9].
Court fee under Rule 13(2) for SARFAESI Section 17 limitation
Under Rule 13(2) of the Security Interest (Enforcement) Rules, 2002, the court fee for a Section 17 application depends on the amount of the debt due. The fee is lower for an applicant who is not the borrower[reference:10]. The court fee must be paid at the time of filing the SA within the SARFAESI Section 17 limitation.
Where the SARFAESI Section 17 limitation of 45 days has expired, several remedies are available. The primary SARFAESI Section 17 limitation remedy is the condonation of delay under the proviso to Section 17(1), read with Section 5 of the Limitation Act, 1963. A further SARFAESI Section 17 limitation remedy is a writ petition before the Patna High Court.
The proviso to Section 17(1) permits the DRT to condone delay, for reasons recorded in writing, where the borrower was prevented by sufficient cause, or where intimation of the sale of the secured assets under Rule 9(2) of the Security Interest (Enforcement) Rules, 2002 reached the borrower less than 30 days before the date of that sale[reference:11].
In a significant 2025 judgment, the Patna High Court held that the DRT has the power to condone delay in filing a Section 17 application under the SARFAESI Act. The Court concluded that since Section 17(7) explicitly connects the SARFAESI application process to the RDB Act procedures, and because the overarching purpose of the Act is to provide remedies to aggrieved persons, the DRT can condone delay[reference:12]. This provides an opportunity for aggrieved parties to seek justice even if they miss the statutory 45-day deadline — especially when they were not properly served with notices or had legitimate reasons for delay[reference:13].
Where the SARFAESI Act does not expressly exclude the application of Sections 4 to 24 of the Limitation Act, Section 5 applies with full force for making a prayer for condonation of delay[reference:14]. The MP High Court has held that Sections 4 to 24, including Section 5, are applicable to Section 17 applications because the SARFAESI Act does not expressly exclude them[reference:15]. However, judicial opinion remains divided — the Karnataka High Court has held that the DRT cannot condone delays beyond the 45-day limit[reference:16], while the Patna High Court has taken a more liberal view[reference:17].
A writ petition under Article 226 may be maintainable where the DRT Patna has erred in computing the SARFAESI Section 17 limitation or refused condonation arbitrarily. However, the Patna High Court has consistently held that where an effective alternative remedy under Section 17 is available, the writ court will ordinarily decline to entertain a petition. A pending Section 17 challenge does not bar delivery of possession to a registered SARFAESI auction purchaser where the sale has been completed and a registered sale deed executed[reference:18].
| Remedy | Provision | Scope |
|---|---|---|
| Condonation of delay | Proviso to Section 17(1) | Condonation where sufficient cause shown or sale intimation under Rule 9(2) received late |
| Section 5 Limitation Act | Limitation Act, 1963 | Application for condonation of SARFAESI Section 17 limitation delay |
| Patna High Court writ | Article 226 | Challenge to DRT Patna order on limitation computation |
| DRAT appeal | SARFAESI Section 18 | Appeal against DRT Patna order within 30 days |
SARFAESI Section 17 limitation has expired?
Get a same-day condonation of delay assessment for your SARFAESI Section 17 limitation remedy from Kankarbagh.
In a significant 2025 judgment, the Patna High Court held that the DRT has the legal authority to condone delays in filing applications under Section 17(1) of the SARFAESI Act. The Court noted that Section 17(7) mandates that such applications be disposed of as per the RDB Act and related rules, and that many High Courts have held that Section 5 of the Limitation Act can apply to proceedings under Section 17 of the SARFAESI Act. The Court concluded that the DRT, though a tribunal and not a court, could condone the delay if the statutory scheme of the SARFAESI Act allows it. Since Section 17(7) explicitly connects the SARFAESI application process to the RDB Act procedures, and because the overarching purpose of the Act is to provide remedies to aggrieved persons, the Court upheld the DRT's decision to condone the delay[reference:19].
The case involved a petitioner who had lawfully purchased a property through a bank auction and found that another person had challenged the auction after a delay of over 2000 days. The DRT allowed the delay to be condoned, and the Patna High Court upheld that decision. This judgment has wide implications for borrowers and auction purchasers — it clarifies that delays in challenging auction sales under SARFAESI can, in certain circumstances, be condoned by the DRT, especially when the aggrieved party was not properly served with notices[reference:20].
In Rahmatullah v. Central Bank of India (CWJC No. 17999 of 2017, decided 26.08.2019), the Patna High Court considered whether the DRT has the power to condone delay in a Section 17 application. The petitioner, an auction purchaser, challenged the DRT Patna's order rejecting the bank's preliminary objection that the SARFAESI application was barred by limitation. The Patna High Court examined the scope of the DRT's power to condone delay and the applicability of the Limitation Act to Section 17 proceedings[reference:21].
In Surya Narayan Raut v. State of Bihar (2026), the Patna High Court held that a pending Section 17 challenge before the Debt Recovery Tribunal in Patna does not bar delivery of possession to a registered SARFAESI auction purchaser. The Court noted that the sale had culminated in a registered sale deed in favour of the auction purchaser and regarded possession as consequential to that sale. The appellant's objections — including the validity of the mortgage and auction — were already before the DRT and could be pursued through the Section 17 remedy[reference:22].
In Pushplata Ishwar v. Presiding Officer, DRT Patna (2026), the Patna High Court considered a writ petition seeking to quash an order of the Presiding Officer, Debt Recovery Tribunal in Patna in S.A. No. 287 of 2024, whereby the SARFAESI application preferred by the petitioner was dismissed. The case involved Indian Bank, Boring Road Branch, Patna. The Court reaffirmed that an effective Section 17 remedy ordinarily bars writ petitions challenging enforcement measures[reference:23].
Prefer the chamber to run this SARFAESI Section 17 limitation checklist for you?
Every item is part of the standard engagement for SARFAESI Section 17 limitation in Patna with this chamber.
Send your SARFAESI notice, possession notice or Section 17 limitation query to the chamber today. As a lawyer practising before the Debt Recovery Tribunal in Patna from Kankarbagh, Advocate Simran Kumari reviews the measure, computes the SARFAESI Section 17 limitation, compiles the SARFAESI Section 17 limitation documents and issues a written scope and fee note.
This page on the SARFAESI Section 17 limitation in Patna is published for general information only and does not constitute legal advice or solicitation. SARFAESI Section 17 limitation law, SARFAESI Section 17 limitation process rules, SARFAESI Section 17 limitation documents requirements, SARFAESI Section 17 limitation remedy procedure, condonation rules and portal processes are amended from time to time. The applicable position on any SARFAESI Section 17 limitation in Patna matter must be verified against the current statutory text, notifications and circulars, and against the facts of the particular matter.
Law last checked: 16 October 2026.
