A bank took possession of a defaulting borrower's factory under Section 13(4) of the SARFAESI Act 2002. The borrower, aggrieved by this measure, wants to challenge it. He may file an application before the - and within how many days?

Section 17 of the SARFAESI Act 2002 provides a remedy to any person, including the borrower, aggrieved by any of the measures taken by the secured creditor under Section 13(4). Such a person may prefer an application before the Debts Recovery Tribunal having jurisdiction within forty-five days from the date on which the measures were taken. The proviso permits the tribunal to entertain an application beyond forty-five days if the applicant was prevented by sufficient cause from filing in time. While exercising jurisdiction under Section 17, the tribunal considers whether the action of the secured creditor is in accordance with the Act and the rules, not merely on technicalities. Section 34 bars the jurisdiction of civil courts in respect of matters covered by the Act, so the DRT is the correct forum.