The Tribunal dismissed a sanction appeal challenging a District Magistrate's possession order due to delay and lack of prejudice, allowing an interim application while upholding the lower court's validity.
SA and IA/2353/2024 dismissed; IA/2901/2024 allowed; DM order upheld.
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.
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DEBTS RECOVERY TRIBUNAL – 1, KOLKATA JEEVANSUDHA BLDG. 9TH FLOOR, 42/C, J.L.NEHRU ROAD, KOLKATA – 700071
BEFORE SHRI AMBUJA MOHAN DAS, PRESIDING OFFICER
SA No. 292 of 2024
A company incorporated uner the Companies Act having its registered office at 2/8 Sahapur Colony (East), P.O & P.S – New Alipore, Kolkata – 700 053.
Working for gain at residing at 66/3/1 College Road, Flat No. D1, 1st Floor, Anamika Appartment, P.S. Shibpur, Howrah – 711 103.
Residing at 181 Andul Road, Nityananda Nagar, Flat No. 2, 4th Floor,
Manorama Apartment, P.S. Sankrail, Howrah – 711 109.
................. Applicants
-versus
Having its office at 75C, P.O. & P.S. Park Street, Kolkata – 700 016.
and
A banking company incorporated under the Companies Act, having its registered office at 10 BTM Sarani, Kolkata – 700 001 and also at 75C, P.O. and P.S. Park Street, Kolkata – 700 016.
……………Respondents.
Present:
(Sne)
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J U D G E M E N T
Delivered on 11th June, 2025
It is ordered as follows:
O R D E R
i) SA/292/2024 and IA/2353/2024 are dismissed on
contest.
(Sne)
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Copy of the Judgment/Final Order be uploaded in the
File is consigned to the Record Room.
(Dictated to Stenographer Gr. II, transcribed by him, corrected, signed and pronounced by me in the open Court on this the day 11th June,2025) .
Presiding Officer
(Sne)
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| Order | Sheet (continuation) | ||
|---|---|---|---|
| Case No. SA/2 | 92/2024 Celibrity |
Management Group Private Limited & Ors. Vs. Authorised Officer, UCO Bank & Anr. |
The |
| Date of the Order |
Order with Signature | Office action with date and dated Signature of Parties when necessary |
|
| 11/06/2025 | Present: | ||
| For Applicant: |
1. Souritra Ganguly, Ld. Counsel 2. Sanjib Das, Ld. Counsel and 3. Ms. Roshan Ghosh, Ld. Counsel |
||
| For Respondents: | 1. Mr. Rathin Dey, Ld. Counsel |
||
| Matter was h The detailed gist of the order is a |
eard in open Court on 25.03.2025. order in five pages annexed separately. The s follows: |
||
| O R D E R | |||
| i) | SA/292/2024 and IA/2353/2024 | ||
| are dismissed on contest. | |||
| ii) | IA/2901/2024 is allowed. | ||
| iii) Copy the Tribunal’s |
Order of Ld. DM – Howrah dated 29/08/2023 and the position of the said order for taking over the possession of the secured asset are valid. of the Judgment/Final Order be uploaded in website. |
||
| File is (Dictated to Stenog signed and pronoun 11thJune,2025) |
consigned to the Record Room. rapher Gr. II, transcribed by him, corrected, ced by me in the open Court on this the day |
||
| (Ambuja Mohan Das |
) Presiding Officer |
(Sne)
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(Sne)
2 issues framed by the court
Whether the sanction appeal challenging the District Magistrate's order is maintainable given the delay and voluntary handover?
Whether the order of taking over possession of a secured asset is valid?
Celibrity Management Group Private Limited
Dharamdutt Pandey
Bhaswar Goswami
The Authorised Officer, UCO Bank
UCO Bank
AMBUJA MOHAN DAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
