Debt Recovery Tribunal disposed of a Special Appeal as infructuous due to the respondent Bank withdrawing its possession notice under the SARFAESI Act, reserving rights to issue fresh notice.
Special Appeal disposed of as infructuous based on withdrawal of possession notice; Bank permitted to issue fresh notice.
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Order Sheet (continuation) | ||
|---|---|---|
| Case No.SA/ |
131/2023 MR DIPAK KUMAR BHATTACHARYA Vs UNION BANK OF INDIA |
Office action with |
| Date of the Order |
Order with Signature | date and dated Signature of Parties when necessary |
| 05/05/2025 | None appears for Sarfaesi Applicant. | |
| Ld. Counsel Mr. Soumalya Ganguly appears for Respondent Bank and files IA/1046/2025 along with put up petition IA/1045/2025 annexing a letter addressed to the borrower that the Bank has withdrawan possession notice dated 05/03/2025 and reserves its rights to issue further notice to take sarfaesi action against borrower. As Respondent Bank has withdrawan possession notice dated 05/03/2025, this SA becomes infructuous. Hence, this SA and all pending IAs are disposed of as Respondent Bank has withdrawan measures under Section 13(4) of the Sarfaesi Act. The Bank may issue fresh possession notice to the Applicants against which the Applicants have right to challenge such measures before this Tribunal. (Ambuja Mohan Das) Presiding Officer |
(Sne)
1 issue framed by the court
Whether Special Appeal becomes infructuous upon withdrawal of possession notice by the Bank
1 provisions across 1 enactments
Mr. Dipak Kumar Bhattacharya
Union Bank of India
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
