Disposed

Trishakti Traders v. Union Bank of India

DRAT11 Mar 2025MISC APPEAL/43/2024

Case brief

AI extract

What is this about?

The debtor recovery appellate tribunal disposed of a miscellaneous appeal fearing that deciding it would prejudice the merits of a pending sale application before the debt recovery tribunal. The court directed the lower tribunal to decide the matter expeditiously and parties to maintain status quo. No order as to costs.

What did the court decide?

Directs the DRT to decide the pending matter expeditiously on 3rd April 2025; parties directed to maintain status quo.

Trishakti Traders versus Union Bank of India — Banking and Recovery | DRAT (2025)

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Reportable/Non-Reportable

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Misc. Appeal No.43 of 2024 -DRAT-Kolkata

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT

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KOLKATA

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HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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Misc. Appeal No. 43 of 2024

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(Arising out of S.A. No. 128 of 2023 in DRT Cuttack)

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M/s. Trishakti Traders, represented by its partner Mr. Bansidhar Behera, Udaytabata (Do Chhaki), P.O. – Paradepgarh, P.S. – Paradeep Lock, District – Jagatsinghpur, Odisha, Pin – 754141.

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.…Appellants

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-Versus-

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Union Bank of India, a Regional Office, Cuttack Division. M-14, Baramunda HB Colony Bhubaneswar -751003, District – Khurda, IFSC Code-UBIN0548065.

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The Authorized Officer, Union Bank of India, RO Cuttack stationed at BMC Bhabani Enclave, Block-4, Wing-3, Saheed Nagar, Bhubaneswar, PIN -751007.

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Branch Manager, Union Bank of India earlier Andhra Bank, Paradeep Branch, Bank Street, at P.O. Paradeep Dist: Jagatsinghpur, PIN – 754142.

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Collector-cum-District Magistrate, Jagatsinghpur. Jagatsinghpur at / P.O./ Dist: Jagatsinghpur, PIN 754103.

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Mr. Malay Kumar Swain, Nimdihi, P.O. Paradeepgarh, P.S. Paradeed Lock, Dist: Jagasinghpur, PIN -754141, PAN No. BDGPS3145E;

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Sub Registrar Kujanga, P.O.- Kujanga, District Jagatsinghpur, PIN – 754141.

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….Respondents

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Counsel for Appellants

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Mr. Subhankar Nag with Mr. Saranya Chatterjee Mr. Hemanta Kumar Das, Learned Counsel

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Misc. Appeal No. 43 of 2024-DRAT-Kolkata

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Counsel for Respondents Mr. Ranajit Chowdhury Mr. Purnendu Modak and Ms. Sampoorna Saha, Learned Counsel for the Respondent No. 1, 2 and 3

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Mr. Ramesh Chandra Prusti, Learned Counsel, Ms. Mahuya Ghosh, Learned Counsel for Respondent No. 5.

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JUDGMENT : 11^th March, 2025

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THE APPELLATE TRIBUNAL :

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Heard Mr. Subhankar Nag, Learned Counsel for the Appellant and Mr. Ranajit Chowdhury, Learned Counsel for the Respondent Nos. 1, 2 and 3/ Bank and Mr. Ramesh Chandra Prusti, Learned Counsel for Respondent No. 5 and perused the record. 2. Instant Appeal has arisen against an order dated 1^st May, 2024 wherein Learned DRT passed the following order:

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“Learned Counsel for the applicant present and filed a memo along with the photographs showing the presence of police personnel for taking physical possession today i.e. on 01.05.2024. Learned Counsel for the applicant also filed another memo stating that though this Hon'ble Tribunal has already heard the matter in I.A. No.235/2024 and posted for orders in the aforesaid IA. But before any order to be passed on 03/05/2024 the Respondent Bank is going to take physical possession of the property. It is also submitted that on the last date learned Counsel for the Respondent Bank submitted that as this is election time police force is not available to take physical possession. It is also further submitted that there is apprehension of the applicant that the respondent Bank may take possession today. Today Learned Counsel Shri S. K. Mishra was intimated about this fact before the Tribunal and informed him to tell his senior to come. But the Action (if any) taken on the order. conducting Counsel did not turn up till 2 PM.

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Misc. Appeal No. 43 of 2024-DRAT-Kolkata

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At 2.00 PM the case was taken up. Hence this Court taken up the matter for passing necessary order in this regard. Nodal Officer of the Bank is also absent.

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Heard learned Counsel for the applicant and perused the memo and the photographs filed by the applicant. As this Tribunal is going to pass order on IA No.235/2024 on 03/05/2024, at this juncture this Tribunal direct the Respondent Bank not to take physical possession of the property till 03/05/2024.

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Later on learned Counsel Shri S. K. Mishra representing Shri Tuna Sahu appeared during passing the order at 2.10 PM and submits that the conducting Counsel is out of station and further submits that the Respondent Bank has taken possession prior to 2PM and filed memo accordingly.

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Put up on 03/05/2024 for orders in IA No.235/2024 and hearing of SA.”

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3. Feeling aggrieved, Appellant who are the auction purchaser, preferred the Appeal.

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4. It appears from the order that the I.A. No. 235 of 2024 is still pending for disposal. Learned DRT has recorded certain observations but no rights have yet been determined by the Learned DRT. S.A. filed by Respondent No. 5 is yet to be adjudicated by the Learned DRT. At this juncture any finding being recorded by the Appellate Tribunal may affect the merits of the S.A. which is yet to be decided by the Learned DRT.

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5. Accordingly, without entering into the merits of the case, I dispose of the Appeal with a direction to the Learned DRT to decide the same expeditiously. Parties are directed to appear on 3^rd April 2025 before the Learned DRT Cuttack for hearing of the matter. It is expected that the Learned DRT should not adjourn the matter on the request of the parties if he finds that the adjournment is being sought just to keep the S.A. pending. If the pleadings are not complete before the DRT, the same be completed as per the direction

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Misc. Appeal No. 43 of 2024-DRAT-Kolkata

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of the DRT. Pending S.A. parties are directed to maintain the status quo. Opposition, if any, by the opposite party in the S.A. should be filed before the DRT within two weeks from today with copy to the SARFAESI Applicant who may file the reply within a week thereafter.

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ORDER

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Appeal is disposed of with the observations made in the body of the judgment.

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No Order as to costs.

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File be consigned to Record Room.

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

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Order signed and pronounced by me in the open Court on this the 11^th day of March, 2025.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 11^th March, 2025

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16 /tp

Trishakti Traders v. Union Bank of India

Case brief

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Trishakti Traders v. Union Bank of India

Case brief

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