A bank took symbolic possession of a borrower's mortgaged flat under Section 13(4) of the SARFAESI Act, 2002 and published a notice of sale. The aggrieved borrower wishes to challenge the bank's action. Which forum should he approach, and within what time?

Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 provides that any person aggrieved by any of the measures taken by a secured creditor under section 13(4), such as taking possession of the secured assets and selling them, may prefer an appeal before the Debts Recovery Tribunal within forty-five days from the date on which the measures were taken. Section 34 bars the jurisdiction of civil courts in matters which a Tribunal is empowered to determine, so a civil suit is not the remedy. The Debts Recovery Appellate Tribunal hears appeals against orders of the Tribunal under section 18, and the Chief Metropolitan Magistrate or District Magistrate assists in taking possession under section 14. Forty-five days before the DRT is therefore correct.