Disposed

Punjab and Sind Bank v. Ashis Kanti Paul and Ors.

DRAT12 Mar 2024REGULAR APPEAL/129/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an appeal against an order maintaining non-compliance by a bank officer regarding a sale notice. The appellate bench disposed of the instant appeal without adjudicating merits, directing the lower tribunal to decide the pending internal application expeditiously while ensuring liberty for all parties to participate.

What did the court decide?

Directed the Debts Recovery Tribunal to decide the pending application expeditiously, granting liberty of hearing and filing opposition/rejoinder.

Punjab and Sind Bank versus Ashis Kanti Paul and Ors. — Banking and Recovery | DRAT (2024)

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Appeal No. 129 of 2022-DRAT-Kolkata

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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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Appeal No. 129 of 2022

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(Arising out of I.A. 1445 of 2022 in S.A. 144 of 2019 in DRT-III, Kolkata)

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Punjab & Sind Bank, carrying on business, interalia, at Assets Recovery Branch, 28, Hemanta Basu Sarani, Kolkata – 700 001;

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The Authorised Officer, Punjab & Sind Bank, Assets Recovery Branch, 28, Hemanta Basu Sarani, Kolkata – 700 001.

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… Appellants

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-Versus-

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Ashis Kanti Paul, son of Late Tushar Kanti Paul, residing at 12A, Deshapriya Park East, Kolkata 700 029;

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Smt. Gargi Paul, wife of Sri Ashis Kanti Paul residing at 12A, Deshapriya Park East, Kolkata 700 029;

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IE Impex Private Limited, a company incorporated under the provisions of Companies Act, 1956 and having its registered office at 96/B, Karaya Road, Ground Floor, Kolkata – 700 019.

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		… Respondents
Counsel for the Appellant	…	Mr. Ritoban Sarkar Ms. Tutul Das Singh
Counsel for Respondents	…	Mr. A.K. Dhandhania, Sr. Advocate
		Mr. Partha Bose
JUDGMENT	:	12^thMarch, 2024

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THE APPELLATE TRIBUNAL :

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1. The instant appeal has been preferred against order No. 30 dated 10.05.2022 passed by Learned DRT-III, Kolkata in S.A. 144 of 2019 (I.A. 1445 of 2022).

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

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3. It appears that one SARFAESI Application was pending before the Learned DRT wherein, as per the SARFAESI Applicant, Respondent herein, had given a consent for sale

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Appeal No. 129 of 2022-DRAT-Kolkata

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of his factory and a flat at M.L. Nehru Road, Kolkata, as recorded in the order dated 05.03.2021, but the Authorised Officer did not issue the Sale Notice and approached the District Magistrate without intimating about the restrain order.

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4. Learned DRT granted ten days time to file opposition to the Bank with an observation that the Authorised Officer has violated the Order No. 27 passed by Learned DRT. Accordingly, action of the Authorized Officer was referred to the Chairman of the Bank.

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5. Learned Counsel for Appellant would submit that opportunity was not provided to the Appellant to explain its conduct as the Appellant could not disobey the order of the Learned DRT rather an effort was made to take the possession so that in the sale, good amount is received. 6. Learned Counsel for Respondent would submit that the Learned DRT has simply observed about the non compliance of the order and referred the matter to the Chairman of the Bank.

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7. As far as the impugned order is concerned, I.A. 1445 of 2022 is still not disposed of rather ten days time was granted by the Learned DRT to file response. No doubt certain observations are made by the DRT against the Authorized Officer which too would be subject to the final outcome of the I.A. 1445 of 2022. Accordingly, appeal is liable to be disposed of.

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Appeal No. 129 of 2022-DRAT-Kolkata

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O R D E R

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The appeal is disposed of with a direction to the DRT to decide the application, being I.A. 1445 of 2022, expeditiously because the matter is pending since 2019. Learned DRT would grant liberty of filling opposition as well as rejoinder to the parties and should also grant liberty of hearing to both the parties.

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Any observation made in the interim order dated 10.5.2022 would be subject to the final outcome of I.A. 1445 of 2022.

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Parties are hereby directed to appear before the Learned DRT-III, Kolkata on 19^th of March, 2024 for appropriate orders to be passed by the Learned DRT.

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Registry is hereby directed to communicate this order to the Learned DRT-III, Kolkata within three days positively.

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No observations have been made regarding merits of the matter. This order will not come in the way at the time of final disposal of I.A. 1445 of 2022.

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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: 12^th March, 2024 16/ac

Punjab and Sind Bank v. Ashis Kanti Paul and Ors.

Case brief

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Punjab and Sind Bank v. Ashis Kanti Paul and Ors.

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