Disposed

Mrs Jhuma Shaw and Anr. v. Punjab National Bank

DRT18 Apr 2024SA/56/2024

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal disposed of the SARFAESI application and associated interim applications. The court held the sale application barred by limitation as the original sale notice became infructuous due to no bidders appearing, and earlier notices were not challenged in time.

What did the court decide?

Disposal of SA and pending IAs without adjudication on merits of earlier notices.

Mrs Jhuma Shaw and Anr. versus Punjab National Bank — Banking and Recovery | DRT (2024)

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DEBTS RECOVERY TRIBUNAL 1, KOLKATA

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	Order Sheet (continuation)
Case No. SA IA/641/2024	/56/2024 & IA/642/2024 MRS JHUMA SHAW AND ANR Vs. PUNJAB NATI BANK	ONAL Office action
Date of the Order	Order with Signature	with date and dated Signature of Parties when necessary
18.04.2024	Ld. Advocate Ms. P. Sahu appears for the Sarfaesi Applicant.
	Ld. Advocate Ms. M. Majumdar appears for the Respondents. IA/641/2024 has been filed in SA/56/2024 for put up the records. IA/642/2024 arising out of SA/56/2024 has been filed by the Applicant challenging the impugned sale notice dated 17/01/2024 and the sale date was fixed on 18/02/2024. Ld. Advocate for the Respondents under instruction submits that no sale has taken place in view of the sale notice dated 17/01/2024 for want of bidder. In view of the submission of the Ld. Advocate for the Respondents Sale Notice dated 17/01/2024 become infructuous. Accordingly, IA/641/2024 & IA/642/2024 are also disposed of. Ld. Advocate for the Respondents further submits that this SA was filed drawing limitation of Sale Notice dated 17/01/2024 as the Sale did not take place and the measures which the Applicant has challenged in the Sarfaesi Application i.e. Demand Notice dated 30/03/2021 and Possession Notice

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Rina S.

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DEBTS RECOVERY TRIBUNAL 1, KOLKATA

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Date of the Order	Order with Signature	Office action with date and dated Signature of Parties when necessary
	dated 23/11/2021 cannot be adjudicated as those measures were not challenged within the limitation.
	Heard from both sides.
	In fact Demand Notice dated 30/03/2021 and Possession Notice dated 23/11/2021 were not challenged within the limitation. As the Sale Notice dated 17/01/2024 become infructuous SA is barred by limitation. Hence, this SA and pending IAs are disposed of.
	(Ambuja Mohan Das) Presiding Officer

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Rina S.

Mrs Jhuma Shaw and Anr. v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

Mrs Jhuma Shaw and Anr. v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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