Disposed

Yes Bank v. Sandip Bose and Ors.

DRAT7 Aug 2025MISC APPEAL/33/2024

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal disposed of the appeal arising from an interim order. Consequently, the matter was remanded to the DRT to decide pending interim applications expeditiously by a specified date, with directions to file pleadings and exchange them.

What did the court decide?

Remanded to DRT to decide pending interim applications expeditiously on a fixed date with strict directions to avoid adjournment.

Yes Bank versus Sandip Bose and Ors. — Banking and Recovery | DRAT (2025)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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Misc. Appeal No. 33 of 2024 (Arising out of I.A. 300 of 2024 & I.A. 719 of 2024 in S.A. 78 of 2024 in DRT-III, Kolkata)

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Order No. 10 07.8.2025 Yes Bank Limited … Appellants -VsSandip Bose & 4 Others … Respondents Mr. Pankaj Kumar Mukherjee, with Mr. Sayak Ranjan Ganguly, and Ms. Chaitali Acharjee, Learned Counsel for the Appellant

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Mr. Debasish Karmakar with Mr. Soumalya Ganguli, Learned Counsel for Respondents No. 1 and 2 Mr. Ataur Rahman, Learned Counsel for Respondents No. 3 and 4 Ms. Aparajita Rao with Ms. Nabanita Dutta, Learned Counsel for Respondent No. 5/HDFC Bank Limited

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THE APPELLATE TRIBUNAL:

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Heard the Learned Counsel for Appellant as well as Respondents No. 1 and 2, 3 and 4 and Respondent No. 5 and perused the record.

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Instant appeal has arisen against order dated 8.3.2024 passed by Learned DRT-III, Kolkata in S.A. 78 of 2024 (Sandip Bose -vs- Yes Bank) whereby Learned DRT passed the interim order directing the parties to maintain status quo and further fixed the hearing of I.A. 719 of 2024 and I.A.

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300 of 2024. Opposition was also called for from the Respondents. In the S.A. although the Appellant/Yes Bank has already filed opposition before the Learned DRT.

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Learned Counsel for Appellant would submit that the instant order suffers from material illegality as it is an unreasoned order. It is further submitted that Respondents No. 3 and 4 themselves admits that they have created mortgage in favour of the Appellant Bank and subsequent thereto have transferred the mortgaged property in favour of Respondents No. 1 and 2. S.A. 78 of 2024 is not filed by Respondents No. 3 and 4 rather it was filed by the purchasers of Respondents No. 3 and 4 who have no locus standi to challenge the validity of the mortgage created by Respondents No. 3 and 4 in favour of the Appellant/Yes Bank. It is a third-party S.A. Learned Counsel has placed reliance upon a judgment of Division Bench of the Hon’ble Calcutta High Court in Sandeep Goenka -vs- Yes Bank (2025 SCC OnLine Cal 1559) wherein it was held that the DRT cannot decide any question of title, validity or authenticity of the conditional documents of loan itself.

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Contention of the Appellant is however opposed by the Counsel for Respondents No. 1 and 2.

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Per contra, Counsel for Respondent No. 3 and 4 submits that an S.A. No. 158 of 2024 was filed by the Respondents No. 3 and 4 herein which is pending before Learned DRT. Admittedly, no interim protection is granted by the Learned DRT in that S.A.

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Counsel for Respondent No. 5, HDFC Bank Limited, submits that Respondent No. 5 herein has also filed S.A. 346 of 2024 before the Learned DRT which is also pending.

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As far as validity or the legality of the impugned order is concerned, this order was passed at an interim stage wherein Learned DRT kept the I.A.s pending for hearing; no final orders on the I.A.s have yet been passed; an interim protection was granted to the party. Learned DRT is yet to decide the I.A.s. Learned Counsel for Appellant submits that opposition to I.A.s is already filed by the Bank. Accordingly, since I.A.s are pending for adjudication before the Learned DRT, it would be appropriate that the matter at the appellate stage be remanded to the Learned DRT to decide the I.A.s expeditiously with all the issues raised by the Appellant herein. Parties would be at liberty to address the DRT on all the issues pending before DRT. Accordingly, appeal deserves to be disposed of with an order of remand.

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ORDER

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Appeal is disposed of with a direction to the Learned DRT to decide I.A. 719 of 2024 and 300 of 2024 expeditiously on the next date of listing, i.e. 4.9.2025. All the parties are expected to file their pleadings as far as I.A.s are concerned before the date fixed before the DRT and exchange the pleadings so that matter could not be adjourned on the date fixed. However, if the Learned DRT is of the opinion that some further date is to be granted, it

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would be at liberty to do the same but the matter should, in all fairness, be disposed of within two weeks thereafter. If any adjournment is sought for by either of the parties, Learned DRT would be at liberty to refuse the same. If the Learned DRT finds that Securitisation Applicant is not co-operating with the hearing, Learned DRT shall be at liberty to vacate the interim order.

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File be consigned to Record room.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s Website.

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Order signed, dated and pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 7^th August, 2025 25/ac

Yes Bank v. Sandip Bose and Ors.

Case brief

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Yes Bank v. Sandip Bose and Ors.

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