CENTRAL BANK OF INDIA vs BANK OF BARODA on 24 September 2026

**ORDER**

1. 1. The Appellant has filed the present Chamber Appeal against the order dated 05/08/2024 passed by Ld. Registrar declining registration of the proposed SA in view the provisions Section 11 of the SARFAESI Act, observing that the party may refer the matter to the arbitration proceedings as the dispute involved in the case is between two Banks / Financial Institutions.

2. 2. I have heard Ld. Counsel for the Appellant and perused the record.

3. 3. It appears that Ld. Registrar has to examine only procedural formalities at the time of registration of Securitization Application lodged before him u/s. 17 of SARFAESI Act. He has no power to decide the question of maintainability of such proceedings by interpretation of statute, which is the function of a competent judicial authority. In the present case the Ld. Registrar has declined registration of Securitization Application of the Appellant by applying the provision of Section 11 of SARFAESI Act and

2C. A. No. 2 of 2026

holding that the party should refer the case to arbitration. In fact, Ld. Registrar was supposed to register the case and to place the matter before this Tribunal for deciding the question of maintainability of Securitization Application in light of the provisions contained in Section 11 of SARFAESI Act.

1. 4. In view of facts, Ld. Registrar appears to have travelled beyond his authority and hence, the impugned order deserves to be set aside. Hence, the following order is passed:

**ORDER**

- ➤ The present Chamber Appeal is allowed.

- ➤ The order dated 05/08/2024 passed by Ld. Registrar is hereby quashed and set aside.

- ➤ The Registry is directed to register and number the SA.

Pronounced in open Court on 24^th day of September, 2026.

**(PANKAJ KUMAR UPADHYAY)** **PRESIDING OFFICER** **DRT-II, AHMEDABAD** **24/09/2026**

\*ykb\*