SARFAESI section 17 jurisdiction is tied to the secured asset's location, not the bank branch or borrower residence.

An application under section 17(1) of the SARFAESI Act is territorially linked to the secured asset and must be filed before the Debts Recovery Tribunal within whose jurisdiction the asset is situated. The remedy under section 17(1) is directed against measures taken under section 13(4), and the relief under section 17(3) concerns restoration of possession or management of that asset. Jurisdiction under section 19(1) of the 1993 Act, which governs bank recovery proceedings, cannot be treated as equivalent. Sections 14 and 17A further support the asset-based territorial link, because effective adjudication and implementation depend on the tribunal's control over the place where the secured asset lies.

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Issues: Whether an appeal/application under section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 can be filed only before the Debts Recovery Tribunal within whose jurisdiction the secured asset is situated, or whether it can also be filed before other Debts Recovery Tribunals on the basis of the bank branch, the borrower's residence, or part of the cause of action.

Analysis: The remedy under section 17(1) is directed against the measures taken under section 13(4) for enforcement of security interest, and the relief under section 17(3) is restoration of possession or management of the secured asset. The jurisdiction under section 19(1) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 is confined to recovery proceedings by banks and financial institutions and cannot be equated with a proceeding under section 17(1) of the SARFAESI Act. The scheme of sections 14 and 17A of the SARFAESI Act also links the remedy to the place where the secured asset is situated, and a tribunal outside that territorial area cannot effectively adjudicate or implement relief concerning the asset or the assistance sought from the District Magistrate or Chief Metropolitan Magistrate.

Conclusion: An appeal/application under section 17(1) of the SARFAESI Act lies only before the Debts Recovery Tribunal having territorial jurisdiction over the secured asset. The contrary view was set aside, and the petition was rejected.

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