Objection Petition

RDDB Act, 1993 — Section 30; SARFAESI Act, 2002 — Section 17

A petition filed before the DRT Recovery Officer under Section 30 of the RDDB Act challenging the execution proceedings. A borrower may file an objection if the attachment or sale is improper, the property attached is not the borrower's, or the amount claimed is incorrect. Also, a Section 17 application under SARFAESI is an objection petition to the DRT challenging the secured creditor's enforcement actions.

An objection petition is the debtor's, or a third party's, principal defensive weapon at the execution stage. In practice, when a Recovery Officer attaches or proposes to sell property, an aggrieved person files an objection under Section 30 of the RDDB Act contending that the attachment is improper, the amount certified is wrong, or, commonly, that the property attached belongs to someone other than the borrower. A genuine third-party claimant, a spouse, relative or purchaser, uses this route to lift an attachment over property not liable to the certificate. Separately, the term also captures the borrower's Section 17 SARFAESI application, which is in substance an objection to the secured creditor's enforcement steps before the DRT. The consequence of getting it wrong, whether filing late, on weak title, or to delay, is dismissal and continued sale. Well-advised parties file the objection promptly with documentary proof of ownership or of the computation error before the sale concludes.