DRT PETITION EXCERPT

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I. Petition Paragraph / Written Submission

“Verification and Annexure of Surveyor’s Report in Support of Recovery Proceedings”

It is most respectfully submitted that the Applicant / Bank is the secured creditor in respect of the loan account bearing No. [●], wherein the mortgaged property situated at [full address / survey numbers] was charged as security. The Applicant has initiated recovery proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

The secured asset described in the Demand Notice dated [●] and the Possession Notice dated [●], issued under Sections 13(2) and 13(4) of the SARFAESI Act, 2002, has been physically verified, measured, and demarcated by a licensed surveyor empanelled by the Bank. The Surveyor’s Report, annexed hereto as Annexure – A, accurately records the property boundaries, area, land classification, approach/access routes, and possession status. The report also identifies any encroachments, unauthorized occupation, or discrepancies with the registered title and official land records.

The Applicant respectfully submits that the Surveyor’s Report forms a scientific, objective, and independent verification of the secured asset and may be relied upon as expert evidence under Section 45 of the Indian Evidence Act, 1872. The report provides the factual foundation for lawful possession, valuation, and subsequent sale or auction of the secured property in accordance with the Security Interest (Enforcement) Rules, 2002, including Rules 8, 9, and 10 governing property description, auction notices, and technical verification.

Further, in line with RBI guidelines on secured lending, valuation, and NPA management, the Surveyor’s Report ensures that the property description, boundaries, and measurements are accurate, transparent, and compliant with regulatory standards. The Applicant submits that the annexed Surveyor’s Report establishes the correctness of the property details, validates the Bank’s possession and recovery actions, and safeguards the interests of all stakeholders, including prospective purchasers at auction.

It is, therefore, most humbly submitted that this Hon’ble Tribunal may be pleased to take note of the Surveyor’s Report annexed as Annexure – A, rely upon its findings, and consider the same as part of the evidence supporting the Bank’s recovery proceedings under the SARFAESI Act, 2002.

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II. 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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III. Affidavit Paragraph

AFFIDAVIT ON BEHALF OF THE BANK / SECURED CREDITOR

I, [Name of Bank Official / Authorized Signatory], aged about [●] years, son/daughter of [●], residing at [●], being duly authorized by [Bank Name], do hereby solemnly affirm and state as under:

1. That the Applicant / Bank is the secured creditor in respect of the loan account bearing No. [●], wherein the mortgaged property situated at [full address / survey numbers] was charged as security.

2. 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, inspected, and demarcated by a licensed surveyor empanelled by the Bank.

3. That the Surveyor’s Report annexed hereto and marked as Annexure – A accurately records the property boundaries, area, classification, possession status, and approach/access details, and also highlights any encroachments or unauthorized occupation, if present.

4. That the Surveyor’s Report forms a scientific and objective verification of the secured asset and may be relied upon as expert evidence under Section 45 of the Indian Evidence Act, 1872, and as technical documentation supporting the Bank’s recovery proceedings under the SARFAESI Act, 2002.

5. That the Applicant / Bank respectfully submits that the Surveyor’s Report annexed hereto establishes the correctness and accuracy of the property description and supports the Bank’s lawful possession and recovery action.

6. That the contents of this affidavit and the annexed Surveyor’s Report are true and correct to the best of my knowledge, information, and belief.

DEPONENT
[Name & Designation]
[Bank Name]
[Date & Place]

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IV. Verification

I, [Name of Deponent], do hereby verify that the contents of paragraphs 1 to 6 of this affidavit are true and correct to the best of my knowledge and belief. No part of it is false, and nothing material has been concealed therefrom.

Verified at [Place] on this [●] day of [Month], [Year].

DEPONENT

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This package is now fully self-contained, with:

• Petition paragraph introducing and relying on the Surveyor’s Report

• Annexure clause for proper attachment

• Sworn affidavit ensuring admissibility

• Verification lines for court compliance

It can be filed directly with the DRT or included in written submissions in contested SARFAESI proceedings.