In the context of bank recovery proceedings, the Surveyor’s Report

 In the context of bank recovery proceedings, the Surveyor’s Report and the accompanying article can be used in two ways depending on the stage of the case and the purpose:

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1. DRT Petition (Original Application under Section 17 of SARFAESI Act / Recovery Application)

• Purpose: To initiate recovery proceedings or to defend against challenges to possession/sale of secured assets.

• Use of Surveyor’s Report:

  • Annexed as evidence showing physical verification, boundaries, and possession of the secured property.

  • Helps the Tribunal understand that the bank’s actions are based on accurate, technical verification.

  • Supports the bank’s claim that the asset described in notices is correct and lawful.

• Placement: Annexed as Annexure – A in the petition. A paragraph in the petition may introduce it like:

“It is submitted that a Surveyor’s Report has been obtained verifying the mortgaged property, its boundaries, and area. The same is annexed hereto as Annexure – A and may be relied upon by this Hon’ble Tribunal.”

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2. Written Submission / Written Statement (During Hearing or Interim Applications)

• Purpose: To support arguments or counter objections during hearings, e.g., objections to possession, auction, or valuation.

• Use of Surveyor’s Report:

  • Placed before the Tribunal to substantiate the bank’s position on the physical extent and boundaries of the property.

  • Helps rebut claims of wrongful possession, encroachment, or misdescription.

• Placement: Introduced in the submissions as:

“For the purpose of clarifying the extent, boundaries, and possession of the secured asset, the bank relies upon the Surveyor’s Report annexed herewith as Annexure – A. The Tribunal is respectfully requested to consider the findings of the report in evaluating the correctness of the recovery proceedings.”

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✅ Key Difference:

Aspect	DRT Petition	Written Submission / Statement
Purpose	Initiates recovery / establishes primary evidence	Supports arguments or defends bank’s actions
Timing	Filed at the beginning of proceedings	Filed during hearings or interim applications
Function	Forms part of original evidence / annexure	Substantiates claims, clarifies factual points
Reference	Introduced as annexure in petition	Cited in arguments and annexed for Tribunal’s consideration