The Debts Recovery Appellate Tribunal dismissed the second appeal filed by NEDFI as infructenuous because no auction sale was materialized despite the issuance of a sale notice.
The appeal was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Appl. No. 96 of 2019
(Arising out of S.A. no. 71 of 2019 in DRT- Guwahati)
17.03.2025
2.THE AUTHORISED OFFICER, NORTH EASTERN DEVLOPMENT CORP LTD, G S ROAD GUWAHATI 781006. Dist. Kamrup, Assam.
... Appellants
--Vs--
2.Sri Sanjeev Kumar Jaiswal, House No. 2, Lower Luitpur, Nepali Chowk, Kharguli, Guwahati – 781001. Assam.
... Respondents
For Appellant : Mr. Debasish Chakraborty, ld. adv.
For Respondent : Mr. Joy Saha, ld. senior adv. Ms. Shreya Trivedi, ld. adv.
THE APPELLATE TRIBUNAL :
At the very outset learned counsel for the appellant financial institution submits that S.A. 71 of 2019 was filed by the SARFAESI applicant challenging the sale notice dated 10.05.2019,
but no auction sale was materialized on the basis of sale notice
dated 10.05.2019. Hence, appeal no. 96 of 2019 becomes infructuous. Accordingly, appeal no. 96 of 2019 is liable to be
dismissed as infructuous.
O R D E R
File be consigned to record room.
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.
Order dictated, signed and pronounced by me in the open Court on this the 17th day of March, 2025.
(Anil Kumar Srivastava, J) Chairperson
Dated : 17.03.2025 18/pkb
NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD. (NEDFI)
M/s Brahmputra Technologies
Sri Sanjeev Kumar Jaiswal
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
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