Dipak Chatterjee vs State Bank Of India on 23 April 2019

ORDER SHEET

Vs

<table border="1"> <thead> <tr> <th style="text-align: center;">Date<br/>of<br/>Order</th> <th style="text-align: center;">Order with Signature</th> <th style="text-align: center;">Office action with<br/>date and dated<br/>Signature of<br/>parties when<br/>necessary</th> </tr> </thead> <tbody> <tr> <td></td> <td> <p><b>Appeal No. 02/2019 (RC/52/2017) Dipak Chatterjee &amp; Another Vs State Bank of India &amp; another</b></p> <p><b>Date : 23.04.2019</b></p> <p>Present :</p> <p>Shri D. Karmkar, Learned Counsel appeared for Appellant</p> <p>Shri P.K. Mukherjee, Learned Counsel appeared for Respondent Bank</p> <p>Shri K.C. Gupta, Learned Counsel appeared for Respondent No. 2</p> <p>The Appellant, Shri Dipak Chatterjee and Shri Premankur Chatterjee have filed the present Appeal being No. 02/2019 praying for setting the order dated 22.01.2019 passed by the Learned Recovery Officer, setting aside the E auction sale notice dated 05.06.2018.</p> <p>The Appellant filed an IA being No. 125/2019 on 21.02.2019, praying for stay of operation of the order dated 22.01.2019, stay of sale conducted on the basis of E auction sale notice dated 05.06.2018. The IA/125/2019 is pending disposal.</p> <p>The matter was heard on 10.04.2019 on the IA/125/2019.</p> <p>In the order dated 10.04.2019 the IA/125/2019 has been wrongly recorded as IA/126/2019. The IA/126/2019 has been disposed of vide Tribunal's order dated 04.03.2019. The mistake is accordingly corrected. The IA number should be read as IA/125/2019.</p> <p>Learned Recovery Officer in the RC/52/2017 issued sale notice dated 05.06.2018, E auction scheduled to be held on 25.07.2018 on AS IS WHERE IS basis in respect of the properties i.e. Land measuring 10.4 decimal more or less together</p> <p style="text-align: right;"></p> </td> <td></td> </tr> </tbody> </table>

ORDER SHEET

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<table border="1" style="width: 100%; border-collapse: collapse;"> <thead> <tr> <th style="width: 15%; text-align: center;">Date of Order</th> <th style="width: 65%; text-align: center;">Order with Signature</th> <th style="width: 20%; text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td></td> <td> <p>with Building constructed thereon situated at Mouza Dhekia, Khatian No. 376 and 526 under Kharagpur Municipality Ward No. 18, P.S. Kharagpur, Dist. Paschim Medinipur, belonging to Shri Premankur Chatterjee.</p> <p>Vide order dated 22.01.2019 of Learned Recovery Officer in RC/52/2017 sale of the property in question was sold at Rs. 34,78,000/- in favour of Shri Rajat Kumar Sinha(Respondent No. 2 herein) the sale was declared absolute and confirmed in favour of the auction purchaser. Vide order dated 22.01.2019, the CDs have been directed to hand over the peaceful and vacant possession of the auctioned property to the auction purchaser within fifteen days, failing which the Special Officer has been directed to take over the physical possession of the property with the assistance of police. The matter in RC/52/2017 was taken up by the Learned Recovery Officer for hearing on 08.03.2019. The CHB informed during the course of hearing in RC/52/2017 that CDs have filed an Appeal before the Tribunal challenging the order of the Recovery Officer dated 22.01.2019.</p> <p>Heard the Learned Counsel for the parties.</p> <p>In order to have the status of the property put to sale vide sale notice dated 05.06.2018 by the Recovery Officer in RC/52/2017, the case records are sent back to the Learned Recovery Officer.</p> <p>Learned Recovery Officer shall examine the details of the property covered under the concerned title deed to the details of property mentioned in the sale notice, the measurement of the building put to sale in comparison to the title deed, whether the property along with building has been demarcated distinctly</p> <div style="text-align: right; margin-top: 20px;"> </div> </td> <td></td> </tr> </tbody> </table>

ORDER SHEET

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<table border="1"> <thead> <tr> <th data-bbox="105 228 178 288">Date of Order</th> <th data-bbox="183 228 763 288">Order with Signature</th> <th data-bbox="768 228 890 288">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="105 293 178 924">23/04/2019</td> <td data-bbox="183 293 763 924"> <p>and separately for clear identification of the property, whether the property i.e. building put to sale is in accordance with the title deed relied upon by the Certificate Holder Bank.</p> <p>Learned Recovery Officer is allowed to take physical verification of the property in question and is also entitled to take assistance of the officials of the concerned State Govt. Department for measuring and identification of the property put to sale vide sale notice dated 05.06.2018 at the cost of the Appellant.</p> <p>Learned Recovery Officer shall be assisted by one competent officer of the Certificate Holder Bank.</p> <p>The Recovery Officer shall file his report along with verification report supported by documents, if any, within thirty days from the date of the order.</p> <p>All the issues raised by the parties are kept open and shall be taken up for further hearing after receipt of the report of the Recovery Officer.</p> <p>Till next date of hearing, the recovery proceedings in the RC/52/2017 in respect of the property in question are hereby stayed.</p> <p>Matter be listed for final hearing and disposal of the Appeal on 09.07.2019.</p> <p>IA/125/2019 stands disposed of.</p> <p>Copy of the order be given to the parties.</p> <p>Copy of the order be given to the Learned Recovery Officer.</p> </td> <td data-bbox="768 293 890 924"></td> </tr> </tbody> </table>

(M.S. Rao) Presiding Officer Kolkata DRT No. 2

23-04-2019