Allowed

Manoj Biswas v. Indian Bank and Others

Calcutta HC20 Jan 2022CO/1705/2021

Case brief

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What is this about?

In a revisional application, the Single Judge directed the Recovery Officer at D.R.T.-I, Kolkata to dispose of pending applications regarding sale certificate issuance and conveyance execution within a month, citing stress of circumstances and confirmation of service.

What did the court decide?

Direction to Recovery Officer, D.R.T.-I, Kolkata to dispose of pending applications within the month of February, 2022.

Manoj Biswas Vs Indian Bank and Others — Banking and Recovery | Calcutta HC (2022)

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20 20-01-2022 AKG Ct.21

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C.O. 1705 of 2021 Sri Manoj Biswas Versus Indian Bank & Ors.

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(VIA VIDEO CONFERENCE)

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Mr. Souradipta Banerjee, Mr. Arnab Roy …for the Petitioner

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Learned advocate for the petitioner files affidavit of service along with postal receipt and track report. Track Report shows due service on the opposite party no. 1.

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None appears on behalf of the opposite party no. 1. The revisional application is taken up hearing where the petitioner has prayed for giving necessary direction to D.R.T.-I, Kolkata for expeditious disposal of applications filed by the petitioner in R.P. No. 88 of 1997 arising out of T.A. 6/1996.

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It has been submitted that Mrs. Kanan Kundu purchased about two cottah, 13 chittacks and 13 Sq.ft. appertaining to premises no. 30C, N.S. Paul Road, Ariadaha, Kolkata -57 in an auction being the highest bidder. The sale was confirmed in her favour and a sale certificate was issued on 7^th September, 2009 and possession was also delivered to her, but no deed of conveyance could be executed, as she was ill and ultimately expired on 7^th February, 2013.

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On her demise, the present petitioner being the

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husband and sole legal heir made necessary application for issuance of fresh sale certificate in his favour and execution of deed of conveyance by the bank in his favour before the D. R. T.- I, Kolkata in the year 2019 but till date by calling one report after another from the petitioner as well as from the bank and even after submission of the relevant documents by the petitioner and the bank the D.R.T. has failed to pass any order and disposed of the application.

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Perused the orders that have been passed by the Recovery Officer, D.R.T.-I, Kolkata. I find substance in the submission made by learned advocate for the petitioner. Therefore, the revisional application is allowed with a direction to Recovery Officer, D.R.T.-I, Kolkata to dispose of the pending applications of the petitioner at the earliest within the month of February, 2022.

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Accordingly, the revisional application being C.O. 1705 of 2021 is disposed of.

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All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

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(Kesang Doma Bhutia, J.)

Manoj Biswas v. Indian Bank and Others

Case brief

What is this about?

What did the court decide?

Manoj Biswas v. Indian Bank and Others

Case brief

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