Disposed

PNB Housing Finance Limited v. Nivedita Bhanja

DRAT8 Oct 2024MISC APPEAL/29/2024

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal disposed of an appeal against an interim order staying coercive steps. The tribunal remanded the matter to the District Recovery Tribunal to adjudicate pending applications and pass orders after recording findings on the statutory criteria for interim relief. Hearings were fixed for November 6, 2024.

What did the court decide?

Appeal disposed with direction to District Recovery Tribunal to decide pending applications within six weeks after recording requisite grounds for interim order.

PNB Housing Finance Limited versus Nivedita Bhanja — Banking and Recovery | DRAT (2024)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Misc. Appl. No. 29 of 2024

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THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON

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Order No. 09

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08.10.2024

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PNB HOUSING FINANCE LIMITED having registered office at 9^th floor, Antriksh Bhawan, 22, Kasturba Gandhi Marg, New Delhi – 110001.

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Authorized Officer, PNB Housing Finance LTD residing at 7, Kyd Street, 5th Floor, Kankaria Mansion, Kolkata 700016.

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--Vs--

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NIVEDITA BHANJA residing at KULPI ROAD, PADMA PUKUR, BARUIPUR, SOUTH 24 PARGANAS - 700144

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HDFC Life Insurance Company ltd, office at I to 14th Floor, Apollo Mills, CupLodha Excelus, N.M Joshi Marg, Mahalakshmi, Mumbai 400011

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3.Authorised Officer HDFC Life Insurance Company LTD, office at 26A, Ist Floor, 1A&B, Gariahat Shopping Mall, Hindustan Park, Gariahat, Kolkata 700029.

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... Respondents

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For Appellant : Mr. Mainak Bose, ld. Counsel Mr. Sayak Ranjan Ganguly, ld. adv.

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For Respondent : Mr. Kausik Das, ld. adv.

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THE APPELLATE TRIBUNAL :

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Instant appeal is preferred against the order dated 03.10.2023 passed by the learned DRT-III Kolkata in I.A. No. 2633 and 2634 of 2023 arising out of S.A. no. 226 of 2021 (Nivedita Bhanja Vs. PNB Housing Finance Ltd. & Ors.) whereby an interim order was passed by the learned DRT restraining the bank, appellant herein, from taking any coercive step in respect of the secured property till the next date of hearing, which was

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fixed on 19.01.2024. Being aggrieved, appellant bank preferred the appeal.

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As per facts of the matter, Section 17 application under SARFAESI Act, 2002 (hereinafter referred to as Act) was filed by one Nivedita Bhanja on different grounds. SARFAESI applicant has challenged the order of the Chief Judicial Magistrate (hereinafter referred to as CJM) obtained by the secured creditor bank u/s 14 of the Act on the ground that learned CJM passed an order on 30.01.2023 and subsequently learned CJM has also passed another order on 25.07.2023, while he could not pass the subsequent order as he became functus officio. Further, the ground taken that SARFAESI applicant has two minor children and they held 2/3^rd share of the mortgaged property after death of the principal borrower, Dr. Pulakesh Bhanjo. Hence, action taken by the bank should be stalled.

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Learned counsel for the appellant bank would submit that CJM order is not bad in law. It is submitted that the subsequent order dated 25.07.2023 was passed by the CJM on the basis of an application filed by Nivedita Bhanja. It is further submitted that minor children of the borrower are not a party to the Section 17 application, rather Nivedita Bhanja, who is natural guardian and mother of the minor children, is the only applicant.

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Learned counsel for the respondent submits that the interim order passed by the learned DRT does not suffer any illegality. 2/3^rd share of the minor children in the mortgaged property

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should have been looked into by the learned DRT, which was rightly done.

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As far as instant appeal is concerned I.A. No. 2633 and 2634 of 2023 are still pending wherein all these issues have to be looked into by the learned DRT. Any finding on these issues by this Appellate Tribunal will affect the right of the parties in the pending I.A.s arising out of the S.A. All the issues raised by the parties should have been considered by the learned DRT at time of passing order in both the I.A.s. Learned DRT is required to pass an order after assessing as to whether prima facie case exists in favour of SARFAESI applicants, balance of convenience and irreparable loss that may be suffered by the applicant for not passing an interim order in accordance with law. It appears that learned DRT has not indicated the ground as required under the law while passing an interim order.

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I am of the view that the matter should be relegated back to the learned DRT to adjudicate the matter. Accordingly, appeal is disposed of with the direction to the learned DRT to decide the I.A. 2633 and 2634 of 2023 within a period of six weeks as per its own roster without granting any unnecessary adjournment. If any adjournment is sought by the SARFAESI applicant, learned DRT should consider to vacate the interim order. Parties are directed to appear before learned DRT-III Kolkata on 06.11.2024 for hearing of I.A. 2633 and 2634 of 2023.

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O R D E R

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Appeal is disposed of with the observation made in the body of the order. Parties are directed to appear before learned DRT om 06.11.2024. Costs easy.

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File be consigned to record room.

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Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded to the concerned DRT.

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Copy of the judgement/Final Order be uploaded in the Tribunal’s website.

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Order dictated, signed and pronounced by me in the open Court on this the 8th day of October, 2024.

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(Anil Kumar Srivastava, J) Chairperson

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Dated : 08.10.2024 - 15/pkb

PNB Housing Finance Limited v. Nivedita Bhanja

Case brief

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PNB Housing Finance Limited v. Nivedita Bhanja

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