Allowed

Biswajit Bhowmick v. Bank of India

DRT3 Feb 2026SA/32/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal adjudicated an interim application challenging a Magistrate's order. The tribunal set aside an unpressed possession notice and allowed an application challenging the Magistrate's order due to the bank's stated inaction to execute it.

What did the court decide?

Possession notice dated 03/10/2023 set aside; Magistrate's order dated 16/10/2025 set aside; applicant allowed to challenge fresh Magistrate orders.

Biswajit Bhowmick versus Bank of India — Specific Performance | DRT (2026)

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DEBTS RECOVERY TRIBUNAL 1, KOLKATA

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	Order Sheet (continuation)
Case No.SA/	32/2024 BISWAJIT BHOWMICK Vs BANK OF INDIA	ff h
Date of the Order	Order with Signature	Oice action wit date and dated Signature of Parties when necessary
(Sne) 03/02/202 6	Ld. Counsel Mr. Narayan Debnath appears for Sarfaesi Applicant. Ld. Counsels Ms. Anindita Das and Ms. Dona Karmakar appear for Respondent Bank. Ld. Counsel for Applicant moves IA/147/2026 by put up petition IA/142/2026 challenging order of DM – Hooghly dated 16/10/2025 drawing attention to the recording in order that the secured creditor issued demand notice on 18/10/2022 which was received by Borrower on 18/10/2022, thereafter creditor issued possession notice on 23/11/2023. Ld. Counsel for Applicant annexed demand notice dated 03/05/2023 and possession notice dated 03/10/2023 issued by Respondent Bank. At the time of hearing Ld. Counsel for Respondent Bank submits that Bank does not want to take measures on the basis of possession notice dated 03/10/2023 and may issue fresh possession notice and obtain fresh order of Magistrate. It is ordered as follows:

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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
	1. SA is allowed in part.
	2. Possession notice dated 03/10/2023 is set aside as not pressed by Respondent Bank. 3. IA/147/2026 is allowed as the Bank is not going to execute order of Magistrate dated 16/10/2025 and the said order is set aside. 4. If the Bank obtains any fresh order of Magistrate, Applicant has right to challenge the same by making fresh application.
	(Ambuja Mohan Das) Presiding Officer

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(Sne)

Biswajit Bhowmick v. Bank of India

Case brief

What is this about?

What did the court decide?

Biswajit Bhowmick v. Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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