Disposed

Tarkeswar Prasad Gupta v. Uco Bank

DRAT25 Sept 2025TRANSFER PETITION/5/2025

Case brief

AI extract

What is this about?

In a transfer petition, the DRAT Kolkata directed the adjudicating DRT-3 to expeditiously dispose of a review application (MA No. 15 of 2023) and a compliance application (IA No. 1702 of 2025), mandating a 15-day disposal timeline from a fixed hearing date to address delay urged by the appellant.

What did the court decide?

Direction to the DRT-3 Kolkata to take up MA No. 15 of 2023 and IA No. 1702 of 2025 for disposal within 15 days from 18.11.2025.

Tarkeswar Prasad Gupta versus Uco Bank — Banking and Recovery | DRAT (2025)

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Reportable/Non-Reportable

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Transfer Petition . No. 05 of 2025 -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

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CHAIRPERSON

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Transfer Petition No.05 of 2025

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(Arising out of MA No. 15 of 2023 and I.A. No. 1702 of 2025 in DRT-3 Kolkata)

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Sri Tarkeswar Gupta, 9K, Munshi Bazar Road, Kolkata -700015

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.…Appellants

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-Versus-

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UCO Bank, 202, APC Road, Kolkata-700004.

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The Authorised Officer, UCO Bank, 202, APC Road, Kolkata700004.

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Sri Rabindra Nath Sikdar, 114J/1A, Dr. Suresh Chandra Banerjee Road, PO and PS Beliaghata, Kolkata -700010.

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Counsel for Appellants Mr. Debasish Chakrabarty, Mr. Snehasish Chakrabarty, Mr. Anindya Chowdhury Counsel for Respondents Mr. Rahul Sarkar (virtual)

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JUDGMENT : 25^th September, 2025

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THE APPELLATE TRIBUNAL :

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Admission

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Heard the Learned Counsel for the Applicant as well as Respondent Bank and perused the record.

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Transfer Petition No. 05 of 2025 -DRAT-Kolkata 2. Instant Application is filed with two reliefs (i) for transfer of the record of M.A. No. 15 of 2023 and I.A. No. 1702 of 2025 from the file of DRT-3 Kolkata to any other DRT, or (ii) to issue a direction to the Debts Recovery Tribunal-3 Kolkata for expeditious disposal of M.A. No.15 of 2023 and I.A. No. 1702 of 2025.

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3. It appears that S.A. No. 269 of 2022 (Sri Rabindra Nath Sikdar and another versus UCO Bank and others) was decided by the Learned DRT-3 Kolkata on 03.10.2023 wherein the S.A. was allowed with a further direction to the Bank to refund the entire consideration money to the auction purchaser along with interest @10% per annum. Thereafter, M.A. No. 15 of 2023 was filed by the Bank on 18.11.2023 for review of the judgment to an extent of reducing the interest rate imposed upon by the DRT. That MA is still pending. I.A. No. 1702 of 2025 was filed by the Applicant who is an auction purchaser for issuance of a direction to comply the order passed by Learned DRT on 03.10.2023 but the same is also still pending. In the meantime, Applicant herein (auction purchaser) preferred W.P.A. No. 1097 of 2023 before the Hon’ble High Court at Calcutta which was decided on 24.07.2023 wherein Hon’ble High Court issued the following directions-

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“Accordingly, WPA No. 1097 of 2023 is disposed of with liberty to the petitioners to approach the concerned Tribunal, either in the proceeding filed by the borrower or in any independent proceeding, urging the points as raised herein. If so approached, the Tribunal shall decide all questions involved, without being influenced unduly by any of the observations made herein.

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Transfer Petition No. 05 of 2025 -DRAT-Kolkata It is expected that the Tribunal shall decide the application of the petitioners, if so filed, as expeditiously as possible, preferably within months from the date of filing of such application. There will be no order as to costs.”

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4. Despite orders of the Hon’ble High Court dated 24.07.2023, I.A. No. 1702 of 2025 and MA No. 15 of 2025 are still pending on the file of the DRT-3 Kolkata.

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5. Perusal of the order reveals that on 17.07.2025 Learned DRT heard the matter in part but hearing could not be concluded and fixed the matter for hearing on 18.11.2025.

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6. A perusal of the record reveals that the order passed in the S.A. No. 269 of 2022 attains finality as the same was not challenged. Similarly, an Application for reducing the amount of interest is moved by the Bank but it does not entitle the Bank not to comply the orders of the Learned DRT, but the fact remains that the order has yet not been complied on the pretext that MA No. 15 of 2023 is pending for disposal.

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7. Without entering into the merits of the matter and without making any observation on the merits, I found it appropriate in the facts and circumstances of the case to issue a direction to the Learned DRT-3 Kolkata to take up the matter for hearing on 18.11.2025 for disposal of MA No. 15 of 2023 along with I.A. No. 1702 of 2025. It is made clear that in case matter could not be taken up on the date fixed or any adjournment is sought, Learned DRT is well advised to decide the case within 15 days from the date already fixed by the DRT i.e. 18.11.2025. With these

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Transfer Petition No. 05 of 2025 -DRAT-Kolkata observations Transfer Petition No. 05 of 2025 stands disposed of.

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ORDER

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Transfer Petition No. 05 of 2025 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 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 25^th day of September, 2025.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 25^th September, 2025

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15 /tp

Tarkeswar Prasad Gupta v. Uco Bank

Case brief

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Tarkeswar Prasad Gupta v. Uco Bank

Case brief

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