Snigdha Roy v. Indian Bank
Case brief
What is this about?
This interim order restrained the Respondent Bank from taking possession of mortgaged secured property without Tribunal leave pending hearing of the main application, while directing the Bank to file an affidavit in opposition.
What did the court decide?
Matter listed for hearing; Respondent Bank restrained from taking possession of secured property without leave of Tribunal; Respondent Bank directed to file affidavit in opposition.
What the court decided
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Order Sheet (continuation) | ||
|---|---|---|
| Case No.SA/ |
57/2025 SNIGDHA ROY Vs INDIAN BANK |
Office action with |
| Date of the Order |
Order with Signature | date and dated Signature of Parties when necessary |
| 10/03/2025 | Ld. Counsels Mr. D. Karmakar, Mr. Y. Singh and Ms. S. Mitra Sinha appears for Sarfaesi Applicant. None appears for Respondent Bank. Ld. Counsel for Sarfaesi Applicant moves IA/689/2025 by put up petition IA/688/2025 challenging the order of Ld. DM – Howrah dated 26/09/2023 alleging that the Ld. DM has not recorded in his order the claim amount at the time of filing application under section 14 and has not recorded satisfaction on the 9 point affidavit. It is further submitted by the Ld. Counsel for the Applicant that the Authorised Officer of the Respondent Bank has given notice to take possession of the secured property on 11/03/2025. It is also informed by the said notice to hand over the physical possession of the property on or before 11/03/2025 failing which the Authorised Officer will take the actual physical possession of the morgaged property as per the order of the court. It is also submitted by the Ld. Counsel for the Applicant that there is no order by the DM to break the lock to take posssession of the property. Ld. Counsel for the Applicant submits that the Applicant has taken term loan for housing and he has 2 loans which are secured. It is submitted by the Ld. Counsel for the Applicant that housing loan account is cleared and outstanding amount has been reduced and prayed for Interim protection untill the matter |
(Sp)
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Date of the Order |
Order with Signature | Office action with date and dated Signature of Parties when necessary |
|---|---|---|
| is heard. | ||
| Ld. Counsel for Applicant has given notice to the Respondent Bank and filed Affidavit of Service which speaks that notice has been served upon the Respondent Bank on 07/03/2025 but today none appears for Respondent Bank. Respondent Bank is directed to file their Affidavit in Opposition to SA and IA/689/2025 including the statement account, copy of application and 9 point affidavit with copy to the Applicant who may give any reply thereafter. List this matter for hearing of IA/689/2025 on 27/03/2025. Since the threat of dispossession is on the head of the Applicant, Respondent Bank is restrained from taking possession of the secured property without the leave of the Tribunal or any further order of this Tribunal. Sarfaesi Applicant is directed to serve copy of this order on the Respondent Bank, Ld. District Magistrate – Howrah and local Police Station. |
||
| (Ambuja Mohan Das) Presiding Officer |
Issues for consideration
2 issues framed by the court
Whether the Respondent Bank is restrained from taking physical possession of the mortgaged property without leave of the Tribunal.
Whether directions should be issued to the Respondent Bank for filing opposing affidavits in the main application and the interim protection application.
Parties & counsel
- petitioner
SNIGDHA ROY
- respondent
INDIAN BANK
Coram
(Ambuja Mohan Das)
Case details
As recorded by the court registry
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