Who’s Who in a Bank Auction: The Authorised Officer, the Secured Creditor, the Magistrate and the Tribunals
Auction Dunia · Law and portal facts checked as of · 6 min read
The short answer
In a SARFAESI sale the bank, as secured creditor, sells through its Authorised Officer, a senior officer its board designates. A magistrate orders physical possession when the bank asks; the Debts Recovery Tribunal hears challenges to the bank’s measures, with an appeal to the Appellate Tribunal; and the sub-registrar records the sale certificate. Knowing who decides what tells you whom to ask, and in writing.
Key points
- The secured creditor is the bank or other lender holding the mortgage; it sells the property to recover its dues, but does not own it (SARFAESI Act s.2(1)(zd), s.13(6)).
- The Authorised Officer is the bank officer, not below a chief manager of a public sector bank or equivalent, whom the bank’s board designates to act for it under the Act (Rule 2(a)). Every notice, confirmation and the sale certificate come from this officer.
- Physical possession of an occupied property needs an order from the Chief Metropolitan Magistrate or the District Magistrate, on the bank’s application (s.14).
- Anyone aggrieved by the bank’s measures, the borrower included, applies to the Debts Recovery Tribunal; appeals go to the Debts Recovery Appellate Tribunal (s.17, s.18).
- The sub-registrar files the bank’s copy of the sale certificate, and registers it if you present it (Registration Act s.89(4)).
The bank’s side
| Who | What they do | Where the role comes from |
|---|---|---|
| Secured creditor | The bank or other lender that holds a security interest in the property and enforces it to recover a loan. It sells as creditor, not as owner. | SARFAESI Act s.2(1)(zd), s.13 |
| Authorised Officer | The officer who acts for the bank: issues the notices, takes possession, fixes the reserve price with the bank, conducts the sale, confirms it and issues the sale certificate. | Rule 2(a); Rules 8 and 9 |
| Approved valuer | Values the property before the sale so that the Authorised Officer, with the bank, can fix the reserve price. | Rule 8(5) |
| E-auction service provider | Runs the online auction for the bank: bidder registration, the EMD and the bidding itself. Public sector banks largely use BAANKNET; others use their own or another provider. | The sale notice |
For a buyer, the Authorised Officer is the person who matters. Questions about the property, the encumbrances the bank knows of, the payment account, TDS, an extension of the balance period and the sale certificate all go to this officer, in writing. The officer’s name and contact details are in the sale notice.
The borrower’s side
| Who | Their position in the sale | Where it comes from |
|---|---|---|
| Borrower | The person who took the loan the property secures. Receives the demand, possession and sale notices. | SARFAESI Act s.2(1)(f); s.13(2), (4); Rule 8(6) |
| Guarantor or mortgagor | Someone who stood surety for the loan, or who mortgaged their own property for it. Is usually named in the bank’s notices where the property is theirs. | The loan and mortgage papers; the sale notice |
| Owner whose property is sold | The person in whose name the property stands. In a SARFAESI sale the buyer takes the property as if the owner had transferred it; for TDS, this person is the seller on the form. | SARFAESI Act s.13(6) |
The borrower can redeem the property by paying the dues in full until a valid sale notice is published, and can challenge the bank’s measures before the tribunal. Our guide to the borrower’s right to redeem explains both.
The offices you deal with after the sale
- In Bengaluru, the city corporation under the Greater Bengaluru Authority, for the e-Khata and property tax, through e-Aasthi.
- In Hyderabad, the GHMC or the corporation that now covers the area, for the property-tax record.
- The electricity and water utilities, for the account names.
- The apartment association, where the property is a flat, under its bye-laws.
None of these offices decides anything about the sale itself. Each records the change on your application, on the strength of the sale certificate and proof of how it was recorded.
Whom to ask, for what
| Question | Ask |
|---|---|
| What encumbrances does the bank know of? What is the possession status? | The Authorised Officer, in writing, before the EMD |
| Can I have more time to pay the balance? | The Authorised Officer, in writing, before the deadline; only a written agreement counts (Rule 9(4)) |
| Is there a case against the sale or the borrower? | Search the DRT, NCLT and court records yourself, or through an advocate |
| When will I get physical possession? | The Authorised Officer, about the bank’s Section 14 application; the timing rests with the magistrate |
| Has my sale certificate been filed? | The Authorised Officer for proof of sending; the sub-registrar for the Book 1 entry |
What the auction route cannot promise
- This page summarises each role; the Act and the Rules govern, and their text decides any particular question.
- Who handles a step can change with the bank, the platform and the office; the sale notice names the Authorised Officer and the platform for each sale.
- None of these offices can promise a date for possession, registration or a record change; each sets its own pace.
Questions buyers ask
Sources
Statutes, rules and judgments first. Checked as of 19 October 2026; the law and portal practice change, so confirm against the source before relying on a detail.
- StatuteSARFAESI Act, 2002 — full text (ss.2, 13, 14)
- StatuteSARFAESI Act, 2002 — s.17 (application to the Debts Recovery Tribunal)
- StatuteSARFAESI Act, 2002 — s.18 (appeal to the Appellate Tribunal)
- RulesSecurity Interest (Enforcement) Rules, 2002 — Rule 2(a), Rules 8 and 9
- RulesSecurity Interest (Enforcement) Rules, 2002 — Rule 9
- StatuteRegistration Act, 1908 — ss.17 and 89
This guide explains the law and the process in general terms. It is not advice on any specific property; that belongs in a due diligence report on the property itself.
A specific property in mind?
Tell us what you are buying it for, and we will tell you what needs checking before you pay EMD.
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