Draft Paragraph for Petition / Written Submission

 

Draft Paragraph for Petition / Written Submission

“Verification of Secured Asset through Surveyor’s Report”

It is most respectfully submitted that the secured asset described in the Demand Notice dated [●] and the Possession Notice dated [●], issued under Section 13(2) and Section 13(4) of the SARFAESI Act, 2002, has been physically verified and demarcated by a licensed surveyor empanelled by the Bank. The Surveyor’s Report certifies the exact boundaries, area, land classification, access, and possession status of the mortgaged property, confirming its correspondence with the property charged as security for the loan account bearing No. [●].

The report also identifies any encroachments, unauthorized occupation, or deviations from the title documents and land records, ensuring that the Bank’s recovery actions comply with the procedural safeguards under the SARFAESI Act and the Security Interest (Enforcement) Rules, 2002, including Rules 8 and 9 governing auction and sale.

The Surveyor’s Report, annexed hereto and marked as Annexure – A, is submitted for the kind consideration of this Hon’ble Tribunal. It may be relied upon as expert evidence under Section 45 of the Indian Evidence Act, 1872, and as technical documentation supporting the Bank’s possession and recovery proceedings. The Bank respectfully submits that the Surveyor’s Report provides a scientific and objective verification of the secured asset, safeguarding the interests of all parties and ensuring compliance with the applicable regulatory framework, including RBI guidelines on secured lending and NPA management.

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Annexure Clause

Annexure – A: Surveyor’s Report dated [●], prepared by [Name of Licensed / Empanelled Surveyor], verifying the mortgaged property situated at [full address / survey numbers].

The Annexure includes:

1. Detailed field measurements and survey sketch accurately depicting the boundaries and area of the property.

2. Photographs of the property, approach/access route, and any structures on the site.

3. Surveyor’s declaration regarding the accuracy of measurements and method of survey.

4. Observations on encroachments, unauthorized occupation, or deviations from the registered title.

5. Compliance statement confirming alignment with official land records and cadastral maps.

This Annexure forms part of the evidentiary record supporting the Bank’s recovery proceedings under the SARFAESI Act, 2002, and may be considered by the Hon’ble Tribunal for verifying the factual and technical correctness of the mortgaged asset.

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This version strengthens the annexure by explicitly connecting the surveyor’s findings to:

• SARFAESI provisions (Sections 13(2) & 13(4))

• Security Interest (Enforcement) Rules, 2002 (Rules 8 & 9)

• Expert evidence under Section 45 Evidence Act

• RBI guidelines on secured lending and NPA management

It is suitable for filing in contested recovery matters, particularly when the borrower disputes possession, boundaries, or auction details.