DRT is not sitting as Appellate Authority over the Order of Magistrate under Section 14 of SARFAESI Act, the only power vested with Tribunal is to verify whether measures under Section 14 are in accordance with provisions of Act – V. M. Vijayan Vs. City Union Bank Ltd. – DRAT Chennai
Hon’ble DRAT Chennai held that Appellant cannot be allowed to contend that Learned Magistrate has not applied his mind because DRT is not sitting as Appellate Authority over the Order of Learned Magistrate. The only power vested with Tribunal is to verify whether measures under Section 14 are in accordance with provisions of Act and Rules made there under.