Dismissed

Ram Niwas Agarwal v. Punjab National Bank

DRAT11 Aug 2025REGULAR APPEAL/126/2018

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal dismissed an appeal against an order refusing to maintain status quo. The Bench held the impugned order lacking illegality and deferred substantive issues regarding cause of action and auction purchaser rights to the DRT, allowing impleadment of the purchaser.

What did the court decide?

The appeal was dismissed and the impugned order refusing status quo was confirmed. The auction purchaser is at liberty to seek impleadment before the DRT.

Ram Niwas Agarwal versus Punjab National Bank — Execution and Attachment | DRAT (2025)

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Reportable/Non-Reportable

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Appeal No. 126 of 2018-DRAT-Kolkata

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Appeal No. 126 of 2018

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(Arising out of M.A. 1198 of 2017 in S.A. 19 of 2016 in DRT, Cuttack)

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HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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Ram Niwas Agarwal, Son of Late Tarachand Agarwal, At-Plot No.1036, Mahanadi Vihar, P.O. - Nayabazar, P.S. Chauliaganj, District - Cuttack – 753 004, Odisha.

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… Appellant

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-Versus-

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Authorised Officer, Punjab National Bank, Bhubaneswar Branch, Bhubaneswar District - Khurda;

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Punjab National Bank, represented through its Branch Manager, Nayabazar Branch, At/P.O.Nayabazar, Town/District – Cuttack -753 004, Odisha;

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M/s Mahabali Alloys Private Limited, Regd. Office at - Piligrim Road, College Square, Town/District – Cuttack – 753 003, Odisha;

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Sri Koushik Mohanty, Son of Braja Bihari Mohanty, At Tapaswinee, Plot No. 252/3318, Gangadhar Meher Marg, Bhubaneswar-751 024, District - Khurda, Odisha;

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Sri Abhinash Mohanty, Son of Abheda Nanda Mohanty, At Plot No.556, Lewis Road, BJB Nagar, Bhubaneswar – 751 014, District - Khurda, Odisha;

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Sri Anshuman Samantaray. Son of Brajaraj Samantaray, At-Plot No. 4912 (P), In front of-EA-50, Badagada Brit Colony, Bhubaneswar – 751 018 District - Khurda, Odisha;

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Sri Bidubhusan Nayak, Son of Bishnu Charan Nayak, At Duplex-15, Ratna Niwas, Brahmeswarpatna, Bhubaneswar – 751 018, District - Khurda, Odisha;

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Deepak Kumar Agarwal, Son of Sri Ram Niwas Agarwal, Resident of Plot No. 1036, Mahanadi Vihar, P.O. Nayabazar, P.S. Chauliaganj, Town/District - Cuttack;

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Dinesh Agarwal, Son of Sri Bansidhar Agarwal, Resident of Plot No. 1037, Mahanadi Vihar, P.O. Nayabazar, P.S. Chauliaganj, Town/District - Cuttack.

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… Respondents

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Counsel for Appellant … Mr. Dipanjan Datta Mr. Subhajit Chowdhury

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Counsel for Respondents No. 1 & 2/Bank

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Appeal No. 126 of 2018-DRAT-Kolkata Mr. Omkar Ganguly

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JUDGMENT : 11^th August, 2025

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THE APPELLATE TRIBUNAL:

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1. Instant appeal is preferred against the order dated 22.01.2018 passed by the Learned DRT, Cuttack in M.A. 1198 of 2017, arising out of S.A. 19 of 2016 dated 22.01.2018 (Ram Niwas Agarwal -vs- United Bank of India), whereby Learned DRT refused to maintain the status quo as prayed for by the Appellant.

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2. Heard the Learned Counsel for Appellant as well as Respondent Bank and perused the record. 3. S.A. 19 of 2016 was filed by the Appellant challenging the Demand Notice dated 15.12.2015 and Possession Notice dated 26.2.2016. Interim relief for maintaining status quo was sought for.

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4. Learned Counsel for Respondent Bank submits that the property in question was already sold through a public auction. Entire auction amount is deposited and Sale Certificate issued on 27.10.2017 and possession is also handed over. Deed of Conveyance was executed on 10.11.2017. Appellant is not having any legal right.

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5. It would appear from the impugned order that earlier a similar petition was moved by the Appellant for maintaining status quo which was dismissed by the Learned DRT. Learned DRT recorded a finding that no prima facie case is made out against the Bank or the Auction Purchaser in favour of the Appellant.

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Appeal No. 126 of 2018-DRAT-Kolkata 6. As far as the impugned order is concerned, reasons are assigned by the Learned DRT for arriving at the conclusion. The issue of cause of action is to be looked into by the Learned DRT in the pending S.A. 19 of 2016 as to whether the Appellant has got any cause of action in his favour or not; whether Appellant has a right or not.

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7. As far as right of the Auction Purchaser is concerned, he was impleaded as Respondent in the appeal under the order of the Hon’ble High Court of Odisha at Cuttack vide order dated 24.7.2018 passed in W.P.(C) 12010 of 2018 and was given an opportunity of hearing. Learned Counsel for the Auction Purchaser would submit that that the property purchased by him is different from the secured assets, as alleged in the S.A. However, this issue is yet to be decided by the Learned DRT; although the Auction Purchaser would be at liberty to move before the Learned DRT for impleadment, if so advised.

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8. As far as the impugned order is concerned, I do not find any illegality in the impugned order. Issue of right of the Appellant to file the S.A. or execution of the Guarantee Deed by the Appellant is to be decided by the Learned DRT. 9. With the observation made in the body of the judgment, the appeal lacks merit and is liable to be dismissed.

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O R D E R

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Appeal is dismissed. Impugned order dated 22.01.2018 passed by the Learned DRT, Cuttack in M.A. 1198 of 2017, arising out of S.A. 19 of 2016 dated

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Appeal No. 126 of 2018-DRAT-Kolkata

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22.01.2018 (Ram Niwas Agarwal -vs- United Bank of India), is confirmed.

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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 pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 11^th August, 2025 20/ac

Ram Niwas Agarwal v. Punjab National Bank

Case brief

What is this about?

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Ram Niwas Agarwal v. Punjab National Bank

Case brief

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