Debts Recovery Tribunals and Appellate Tribunals
SRI SUJOY SOME vs INDIAN OVERSEAS BANK on 7 July 2025
1
RA/3/2022-DRT-2/KOL
**DEBTS RECOVERY TRIBUNAL - 2, KOLKATA**
Jeevan Sudha Bldg., 7th Floor, 42/C, J.L. Nehru Road, Kolkata – 700071
**Before Shri Arbind Madhav, Presiding Officer**
**R.A. No.03 of 2022**
**IA/1170/2023, IA/1171/2023**
**IA/1589/2023, IA/1590/2023**
In the matter of -
- 1. Sri Sujoy Some., son of late Tarun Some residing at Rainagar, P.O - Raina P.S – Raina District – Purba Burdawan, Pin - 713421.
..... SARFAESI Applicant
**-Versus-**
- 1. Indian Overseas Bank, a body Corporate constituted under the provisions of State Bank of India Act, 1955, carrying on business through its different branches including one at Burdwan Branch, 110, G.T. Road, Burdwan, West Bengal – 713 101.
.... Certificate Holder Bank
- 2. Miss Mayurakshi Agro Products (P) Ltd., Regd. Office – Alamganj, Baba Bardhamaneswar Road, P.O. – Nutanganj, District – Burdwan, Pin – 713 102, and VIII, P.O.-Rainagar, P.S. Raina, District – Burdwan, Pin – 713421;
- 3. Sri Gopal Jash, Alamganj, Baba Bardhamaneswar Road, P.O. Nutanganj, District- Burdwan, Pin -713 102, Vitt. – Uchitpur, P.O. Shanktia, Dist. – Bardwan, Pin – 713 421.
- 4. Punjab National Bank, Circle Sastra Centre, Bardhaman, Sri Durga Market, Police Line Bazar, P.O. Sripally, Burdwan – 713 103.
..... Defendants
Ld. Counsel for the parties:
For the SARFAESI Applicant : Mr. Ranajit Chowdhury Mr. Sudipto Chowdhury For the Intervener/PNB : Mr. D. Chakraborty Ms. Susmita Sarkar
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**JUDGMENT**
Delivered on 07.07.2025
- 1. Review Application was heard on 12/06/2025 and order was reserved.
- 2. The review application has been filed for review of the order dated 24/12/2021 passed by this Tribunal as to the extent by not setting aside the sale and order for handing over possession.
2RA/3/2022-DRT-2/KOL
1. 3. Heard.
2. 4. Perused the record and the order passed on 24/12/2021 by the then P.O. DRT-2, Kolkata.
3. 5. It has been made out that the Tribunal had been made to observe that the subject matter of the sale of the mortgaged property; whereas the same is a property of the certificate debtor other than the mortgaged property. It has further been made out that the petitioner is ready and willing to accept the sale of the property.
4. 6. The scope of review under Section 5-A of the Debts Recovery Tribunal (Procedure) Rules, 1993 is very limited. It is provided that if any party considers itself aggrieved by an order made by the Tribunal on account of some mistake or error apparent on the face of the record desires to obtain a review of the order made against him, may apply for a review of the order to the Tribunal.
5. 7. Any error which is not self-evident has to be detected only by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the Tribunal to exercise its power of review.
6. 8. It is not permissible for any reason under review to be re-heard and corrected within a limited purpose and cannot be allowed to be an appeal in disguise.
7. 9. The petitioner would not be permitted to re-agitate and re-argue the question which has already been addressed and decided.
8. 10. The power of review cannot be exercised as an inherent power nor can an appellate power be exercised in the guise of review.
9. 11. After going through the order and the application, it appears that the petitioner seeks substantive order from this Tribunal under review petition.
10. 12. I do not see any reason to review the said order and hence the review application stands dismissed.
11. 13. In view of dismissal of review application, the IAs, namely, IA/1170/2023, IA/1171/2023, IA/1589/2023 and IA/1590/2023 are also dismissed.
12. 14. No order as to costs.
13. 15. File be consigned to Record Room.
14. 16. This order is dictated and corrected by the undersigned and pronounced on this the 7<sup>th</sup> day of July, 2025.
15. 17. Copy of the Order be uploaded in the Tribunal's Website.
*Arbind Madhav* (Arbind Madhav) 7.7.25 Presiding Officer DRT – 2, Kolkata
KB