Allowed

Bajaj Housing Finance Limited v. Rajeev Jhunjhunwala

DRAT3 Apr 2025

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal disposed of a miscellaneous appeal filed under Section 17(6) of the SARFAESI Act. The Appellant sought directions for an early hearing of pending applications. The Tribunal held that the District Recovery Tribunal was non-compliant with a High Court order. It directed the District Recovery Tribunal to comply forthwith.

What did the court decide?

The District Recovery Tribunal-III Kolkata is directed to comply with the High Court order dated 28.08.2024 forthwith. The Registry is directed to communicate this order to the DRT.

Bajaj Housing Finance Limited versus Rajeev Jhunjhunwala — Banking and Recovery | DRAT (2025)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Misc. Appl. Dy No. 294 of 2025

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(Arising out of S.A. 74 of 2023 in DRT-III Kolkata)

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THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON

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03.04.2025

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Bajaj Housing Finance Limited havingBranch office at Raj Premiere Building 6th floor Plot no. 37, EN Block Sector-V, Salt Lake, Kolkata – 700091

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Authorised Officer, Bajaj Housing Finance Limited having Branch office at Raj Premiere Building 6th floor Plot no. 37, EN Block Sector-V, Salt Lake, Kolkata – 700091

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... Appellant

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--Vs--

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Rajeev Jhunjhunwala residing at 1/B Nando Mallick Lane, Beadon Street, Kolkata – 700006.

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Ajay Kr. Surana, residing at Falt No. 3H, 3^rd floor, 48, Gariahat Road, Kolkata – 700019.

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Mridula Surana, residing at Falt No. 3H, 3^rd floor, 48, Gariahat Road, Kolkata – 700019.

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... Respondents

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For Appellant : Mr. Shibnath Bhattacharya, ld. adv.

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For Respondent :

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THE APPELLATE TRIBUNAL :

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Heard learned counsel for the appellant financial institution

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and perused the records.

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Instant Misc. appeal Dy No. 294 of 2025 is filed u/s 17(6) of

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the SARFAESI Act, 2002 praying for an early hearing of the

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pending I.A. No. 245 of 2023 along with S.A. No. 74 of 2023

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(Rajeev Jhunjhuwala Vs. Bajaj Housing Finance Ltd. & Ors.).

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Having heard the learned counsel for the appellant, I do not

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find any ground to issue notice in this matter as would appear from the later part of this order.

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It appears that S.A. 74 of 2023 was filed by the S.A. applicant before the learned DRT-III Kolkata challenging the order dated 17.08.2022 passed by the District Magistrate, South 24 Parganas. Matter was heard, but no interim order was passed. Thereafter, Writ Petition No. 4393 was filed by the S.A. applicant wherein vide order dated 23.02.2023 Hon’ble Calcutta High Court directed respondent No.7, The Officer-in-Charge, Beniapukur Police Station, to restore the possession, which was restored on 23.02.2023. Subsequent thereto the Writ Petition was dismissed on 28.02.2023 with a liberty to approach the parties before DRT-III Kolkata. Thereafter, on 06.04.2023 learned DRT passed the interim order restraining the financial institution from taking possession of the secured property on the basis of the order of the District Magistrate, South 24 Parganas.

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Appellant financial institution filed FMA No. 263 of 2023 with I.A. No. CAN 1 of 2023 before the Hon’ble Calcutta High Court

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which was disposed of by the Hon’ble Division Bench of the

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Calcutta High Court on 28.08.2024 with the observation that “all

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that we can do is to make a request to the learned DRT-III

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Kolkata to hear the matter at the earliest possible convenience of the learned Tribunal.”

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Thereafter, I.A. No. 3898 of 2024 was filed by the financial institution praying for early date of hearing by referring the order passed by the Hon’ble Division Bench of the Calcutta High Court.

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It appears that learned DRT-III Kolkata on 11.12.2024 fixed the matter on 30.01.2025 for hearing the I.A. 3898 of 2024 with the direction to file opposition within two weeks. Thereafter, again on 06.01.2025 it is recorded that no affidavit in opposition was filed by the financial institution and interim order was extended till 13.03.2025. Thereafter matter was posted to 20.05.2025.

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It was already recorded that there is no requirement of issuing notice to the respondents although this appeal is filed u/s 17(6) of the Act for a direction to the learned DRT to comply the order of the Hon’ble Division Bench of Calcutta High Court passed

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on 28.08.2024.

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It is surprising that when the order of the Hon’ble Division

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Bench of Calcutta High Court was brought on record of the learned DRT, instead of complying the direction of the Hon’ble High Court, learned DRT invited opposition from the secured creditor financial institution and adjourning the matter without going through the order of the Hon’ble High Court. It is needless to mention that orders passed by the Hon’ble High Court are binding upon the learned DRT which should have been complied with in its true sense. Without making any adverse observation, it is directed that learned DRT-III Kolkata should comply the order

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of the Hon’ble High Court dated 28.08.2024 in its true letter and

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spirit. Accordingly, Misc. Appeal is disposed of.

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O R D E R

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Misc. Appeal Dy No. 294 of 2025 is disposed of with the

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direction that learned DRT should comply the order of the Hon’ble High Court dated 28.08.2024 passed in FMA No. 263 of 2023 with

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IA No. CAN 1 of 2023 forthwith. Costs easy.

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Registry is directed to communicate this order to DRT-III Kolkata forthwith to ensure compliance.

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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. 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 3^rd day of April, 2025.

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(Anil Kumar Srivastava, J) Chairperson

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Dated : 03.04.2025 07/pkb

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Bajaj Housing Finance Limited v. Rajeev Jhunjhunwala

Case brief

What is this about?

What did the court decide?

Bajaj Housing Finance Limited v. Rajeev Jhunjhunwala

Case brief

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What did the court decide?

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