Disposed

State Bank of India v. Rajdeep Ghosh

DRAT5 Aug 2024MISC APPEAL/40/2024

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal disposed of the appeal and directed the lower court to expeditiously decide the pending Securitisation application (S.A. 51 of 2021) after affording an opportunity of hearing to all parties. The request for opposing the direction was made by the respondents' counsel and subsequently allowed.

What did the court decide?

Appeal dismissed directing the lower court to decide the pending Securitisation application expeditiously and afford a hearing.

State Bank of India versus Rajdeep Ghosh — Company and Corporate | DRAT (2024)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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Misc. Appeal No. 40 of 2024 (Arising out of S.A. 51 of 2021 in DRT-III, Kolkata)

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Order No. 05 05.8.2024	State Bank of India … Appellant -Vs- Rajdeep Ghosh & 3 Others … Respondents
	Mr. Anirban Pramanik with Ms. Subhashree Dey, Learned Counsel for Appellant
	Mr. Prasenjit Pal (Virtual) with Ms. Sushmita Choudhury, Learned Counsel for Respondents No. 1 and 3
	Ms. Suparna Ghosh with Mr. Sanjib Das, Learned Counsel for Respondent No. 4

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THE APPELLATE TRIBUNAL :

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At the very outset it is submitted that Respondent No. 2 has died and substitution application being I.A. 411 of 2024, for substituting the legal representatives of Respondent No. 2 is filed today. Legal representatives of Respondent No. 2 are already on record as Respondents No. 1 and 3. Accordingly, I.A. 411 of 2024 is allowed. Necessary amendments be carried out during course of the day.

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Heard the Learned Counsel for the parties and perused the record.

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Instant appeal has been preferred against order dated 22.5.2024 passed by Learned DRT-III, Kolkata in S.A. 51 of 2021 (Rajdeep Ghosh -vs- State Bank of India). The impugned order is as under :

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“The matter is adjourned to 29.7.2024. Interim order, if any in force, is extended till the next date of hearing.”

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Feeling aggrieved, the Appellant preferred the appeal.

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At the very outset, after hearing the Learned Counsel for the parties it appears that a Securitisation application was filed by Respondents No. 1 and 3 which is still pending before the Learned DRT. It appears that some interim order was passed by the Learned DRT which was extended by the impugned order which is assailed in this appeal.

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At the very outset, Learned Counsel for Appellant submits that Securitisation application is pending since 2021 and the same may be directed to be disposed of expeditiously. Learned Counsel for Respondents did not oppose the prayer.

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Accordingly, appeal is disposed of with a direction to the Learned DRT-III, Kolkata to decide the S.A. 51 of 2021 expeditiously after affording opportunity of hearing to all the parties.

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Learned DRT should record findings on all the issues raised in the SARFAESI Application and the objections filed by the Bank and the Auction Purchaser.

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Parties are directed to appear before the Learned DRT on the 5^th of September, 2024.

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Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.

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File be consigned to Record room.

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Order dictated, signed and pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 5^th August, 2024 12/ac

State Bank of India v. Rajdeep Ghosh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Rajdeep Ghosh

Case brief

What is this about?

What did the court decide?

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