Answer : The borrower, that is, the principal debtor, the guarantor and the mortgagor and any other person aggrieved by the measures under Section 13(4) of Sarfaesi Act, 2002 (for example Tenant) may move the Debts Recovery Tribunal under Section 17 of Sarfaesi Act, 2002.

Answer : A third party , who is neither a Borrower nor guarantor nor mortgagor , can file an application under Section 17 of Sarfaesi Act, 2002 in the Debts Recovery Tribunal, provided he is aggrieved by the steps and measures taken by the secured creditor under Section 13(4) of Sarfaesi Act, 2002.

Answer : The borrower including guarantor or mortgagor and any other aggrieved person may file the application under Section 17(1) of the Sarfaesi Act, 2002 before the Debts Recovery Tribunal within the local limits of whose jurisdiction-

(a)., the cause of action, wholly or in part, arises;

(b) where the secured asset is located; or

(c) the branch or any other office of a bank or financial institution is maintaining an account in which debt claimed is outstanding for the time being. Section 17(1A) of Sarfaesi Act, 2002.

Answer : After an application under Section 17(1) of Sarfaesi Act, 2002 is filed in Debts Recovery Tribunal, the Debts Recovery Tribunal is to consider whether any of the measures taken by the secured creditor under Section 13(4) of Sarfaesi Act, 2002 for enforcement of security interest are in accordance with the provisions of Sarfaesi Act,2002 and the rules made thereunder or not. Section 17(2) of Sarfaesi Act, 2002.

Answer: If the Debts Recovery Tribunal finds that any of the measures taken by the secured creditor under Section 13(4) of the Sarfaesi Act, 2002 and the Rules thereunder, are not in accordance with law, the Debts Recovery Tribunal may declare such measures to be illegal and invalid and direct restoration of possession to the borrower or to the other aggrieved person who had filed the application under Section 17(1) of the Sarfaesi Act, 2002. Section 17(3) of Sarfaesi Act, 2002.

Answer : If the Debts Recovery Tribunal finds that the measures taken by the secured creditor under Section 13(4) of the Sarfaesi Act, 2002 are in accordance with law, it shall make such a declaration and secured creditor will be entitled to take further Sarfaesi action in the matter. Section 17(4) of Sarfaesi Act, 2002 .

Answer : An application under Section 17(1) of Sarfaesi Act, 2002 is to be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days. The period can be extended but should not exceed four month. Section 17(5) of Sarfaesi Act, 2002.

Answer: As a matter of fact, the effect is nil. On the ground of non- disposal of Section 17(1) application within a period of four months, the said application can neither be dismissed nor allowed.

Answer: If any party to the application under Section 17(1) of the Sarfaesi Act, 2002 makes any application to Debts Recovery Appellate Tribunal for expeditious disposal of Section 17(1) application, the Debts Recovery Appellate Tribunal may direct Debts Recovery Tribunal to dispose of Section 17(1) application expeditiously. Section 17(6) of Sarfaesi Act, 2002

Answer : The Debts Recovery Tribunal should follow the procedure laid down in Sarfaesi Act, 2002 and the Security Interest(Enforcement) Rules 2002 for disposal of application under Section 17(1) of Sarfaesi Act, 2002. If any procedure has not been laid down in Sarfaesi Act, 2002 and the Rules thereunder, Debts Recovery Tribunal shall follow the provisions of Recovery of Debts and Bankruptcy Act 1993 and the Rules made thereunder. Section 17(7) of Sarfaesi Act, 2002