Appeal No. 01 of 2021-DRAT-Kolkata Applicant to deposit a sum of Rs.39,30,000.00 for refunding the same to the auction purchaser. Feeling aggrieved, Applicant Bank preferred the present appeal. 2. As per the pleadings of the parties, the facts of the matter are that one Narendra Kumar Swain, Proprietor of M/s. Indian Enterpriser, availed a Cash Credit Facilities under Easy Trade Scheme for Rs.20.00 lac upon security created by equitable mortgage of land and building situated at Mouza Nayagarh, Thana District : Nayagarh, Khata No. 1219/168 and 1219/1702, Plot No. 2010/3442 and Plot No. 2010/4633, Area Ac 0.03 decimal and Ac 0.04 decimal standing in the name of Respondent No. 1, vide Credit Sanction Advice dated 30th June, 2010 . It was further enhanced to Rs.35.00 lac by Sanction Letter dated 25th September, 2015. Respondent No. 1, namely, Banita Swain, stood mortgagor for the loan amount. Loan account was opened and operated as per the terms and conditions; payment was made by the Bank for repayment but when the same was not complied with, the account was classified as N.P.A. on 30th September, 2017; notice under Section 13 (2) was issued to the Borrower as well as the Guarantor, i.e. the Appellant, to repay the total outstanding dues but the same was not honoured and no representation was made under Section 13 (3A) of the SARFAESI Act, 2002. Subsequent thereafter, the Applicant Bank issued Notice under Section 13 (4) of the Act dated 4th May, 2018 for taking symbolic possession. No application under Section 17 of the act was filed either by the Borrower or the Guarantor. On 25th June, 2018 e-auction sale notice under Section 8 (6) and 9 (1) of the Security Interest (Enforcement) Rules, 2002 was published.
