A 2-judge bench of the Supreme Court — *Altamas Kabir, J.* and *Cyriac Joseph, J.* — held on 16 July 2009 that the Debts Recovery Tribunal's jurisdiction under *Section 17* of the *SARFAESI Act 2002* is not confined to the moment a *Section 13(4)* measure is taken; it extends to every action by the secured creditor in furtherance of *Section 13(4)*, including post-possession sale, sale confirmation and consequential steps. The DRT may scrutinise such actions on substantive grounds, set them aside, and — where illegality is established — restore the status quo ante. The decision is the foundational authority on the substantive (rather than merely supervisory) character of *Section 17* review.
On 9 January 2025, a two-judge bench of Justices J.B. Pardiwala and R. Mahadevan clarified the relationship between the Debt Recovery Tribunal's jurisdiction under Section 17 of the SARFAESI Act and the civil courts' residual jurisdiction over questions of title, partition, and the validity of pre-enforcement deeds. The judgment holds that the DRT's exclusive jurisdiction extends to the legality of Section 13(4) measures — and no further. Questions of ownership and the validity of deeds predating the bank's enforcement remain triable by civil courts under Section 9 of the CPC.