Debts Recovery Tribunal directed the respondent bank to file copies of the Section 14 application and affidavit regarding interim relief sought in IA 1758 of 2023. The Tribunal subsequently disposed of the petition in IA 1757 of 2023 and reserved the main matter.
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
Order Sheet
| Case No. SA | 199/2023 SMT ANJALI BERA –Vs- STATE BANK OF INDIA |
|
|---|---|---|
| Date of the Order |
Order with Signature | Office action with date and dated Signature of Parties when necessary |
| 13/09/2023 (Sl. No. 15) |
Mr. S. Pal Chowdhury, Mr. N.C. Kuila, Mr. Om Prakash Choudhury, Mr. K. Patra … For the Sarfaesi Applicant. |
|
| Mr. Subir Biswas, Mr. Pradipta Roy. … For the Respondent Bank. |
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| Learned counsel for the sarfaesi applicant has filed put up petition IA 1757 of 2023 for hearing IA 1758 of 2023 impugning the order of the leaned DM, Howarah, on the ground that the order of the learned DM has not been implemented within sixty days and the learned counsel has cited an authority of Panjab & Haryana High Court, in the case of Allahabad Bank –vs- DM, Ludhiana, & Ors., reported in 2021 SCC online P & H 2858 and another decision of the Hon’ble Orissa High Court, in the case of Bajaj Finance Ltd. –vs- Ali Agency & Ors., reported in 2022 SCC online Orissa 4133, and prays to set aside the order of the learned DM and to pass an interim order to protect the secured property. |
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| Learned counsel for the respondent bank has filed objection to the IA 1758 of 2023 and has cited an authority of the Hon’ble Supreme Court, in the case of C. Bright –vs- The District Collector & Ors., in Civil Appeal No. 3441 of 2020. |
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
The respondent bank has not annexed copy of the application for order under section 14 and notice of the authorised officer of the respondent bank. The respondent bank is directed to file by affidavit copy of the application under section 14 and the affidavit filed by the authorised officer of the respondent bank for consideration of the Tribunal in respect of IA 1758 of 2023. The order is reserved. The put up petition IA 1757 of 2023 is disposed of. (Ambuja Mohan Das) Presiding Officer ac
2 issues framed by the court
Whether to direct the respondent bank to file copies of the section 14 application and affidavit concerning IA 1758 of 2023.
Whether to dispose of the petition IA 1757 of 2023.
Colour shows how this judgement treated each authority
Allahabad Bank vs DM, LudhianaReferred¶3
Allahabad Bank –vs- DM, Ludhiana, & Ors., reported in 2021 SCC online P & H 2858 · Who else cites this
Bajaj Finance Ltd. vs Ali AgencyReferred¶3
Bajaj Finance Ltd. –vs- Ali Agency & Ors., reported in 2022 SCC online Orissa 4133 · Who else cites this
C. Bright vs The District CollectorReferred¶3
C. Bright –vs- The District Collector & Ors., in Civil Appeal No. 3441 of 2020
Smt Anjali Bera
State Bank of India
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
