Debts Recovery Tribunals and Appellate Tribunals
Mrs Mira Dutta And Anr vs UCO BANK on 5 July 2019
M.A. 02 of 2019- DRT-2 Kol
**DEBTS RECOVERY TRIBUNAL - 2, KOLKATA**
Jeevan Sudha Bldg. 7<sup>th</sup> Floor, 42/C, J.L. Nehru Road, Kolkata - 700 071
**Before Shri M.S. Rao, Presiding Officer**
**M.A. No. 02 of 2019**
**(Arising out of S.A. 33 of 2016)**
**In the matter of :**
1. 1. Mira Dutta, P-23, Recol Park, City Centre, Durgapur, District - Burdwan, P.I.N. - 713 216;
2. 2. Anirban Dutta, P-23, Recal Park, City Centre, Durgapur, District - Burdwan, P.I.N. - 713 216.
- Misc. Applicants
-Versus-
The Authorised Officer, UCO Bank, City Centre Branch, Durgapur, P.I.N. - 713 216.
- Respondent Bank
Counsel for parties:
For the Misc. Applicants : Mr. Radhey Shyam Tiwari, Learned Counsel For the Respondent Bank: None
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**FINAL ORDER**
**(Delivered on 5<sup>th</sup> July, 2019)**
1. 1. This is a Misc. Application, being M.A. No. 02 of 2019 filed on 11<sup>th</sup> February, 2019 by Misc. Applicants arising out of S.A. No. 33 of 2016 under Section 22(g) of Recovery of Debts Recovery of Due to Bank and Financial Institution Act, 1993, against The Authorised Officer Of UCO Bank, praying for recall of the order dated 16<sup>th</sup> January, 2019 whereby the S.A. No. 33 of 2016 has been dismissed in default, further praying to restore the same to its original file and to provide an opportunity of hearing to the petitioner and pass such orders as fit and proper.
2. 2. The Applicant filed the SARFAESI application under Section 17 of the SARFAESI Act, 2002, challenging the measure (Possession 2M.A. 02 of 2019- DRT-2 Kol Notice) dated 22<sup>nd</sup> December, 2015 taken by the Bank under Section 13 (4) of the SARFAESI Act, 2002 which was numbered as S.A. No. 33 of 2016 as it was well within limitation and everything in order. By order dated 13/07/2018 *"Till Date Service Report has not been filed. It appears to this Tribunal that the Applicants are not interested to proceed with the matter. However, Learned Counsel for the Applicants Seeks time to file Service Report. For the ends of justice, a last opportunity is provided to the Applicants to file Service Report."*
**3.** Even after several opportunities the Applicant did not file Service Report. On 16<sup>th</sup> October, 2019, Tribunal passed the following order: *"None appeared for the SARFAESI Applicants. Record reveals that the matter is pending since 2016. No Service Report has been filed by the Applicant till date."*
*As per Section 17 (5) of the SARFAESI Act, 2002 - Any application made under sub-section (1) shall be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty (60) days from the date of such application.*
*Accordingly, the present S.A., being S.A. No. 33 of 2016 is dismissed. There shall be no orders as to costs."*
**4.** In brief the Learned Counsel for Misc. Applicant has submitted that Applicant No.1, i.e., Mrs. Mira Dutta, fell sick and was hospitalised on several period of dates as mentioned - 23<sup>rd</sup> February, 2017 to 28<sup>th</sup> February, 2017 in Apollo Gleneagles Hospital Kolkata, again on 1<sup>st</sup> September, 2018 to 6<sup>th</sup> September, 2018 in Mission Hospital Durgapur, further on 16<sup>th</sup> September, 2018 to 5<sup>th</sup> October, 2018 in Apollo Gleneagles Hospital Kolkata thus due to her prolonged sickness and operation of her intestine she could not give further instructions to her appointed advocate for conducting this case thus due to lack of instructions the Learned Counsel could not proceed with the matter.
**5.** From the averment in the Misc. Application it has been observed that the Applicant has been sick for a prolonged period and 3M.A. 02 of 2019- DRT-2 Kol operation of her intestine and as such was admitted to hospitals several times and was finally discharged on 5<sup>th</sup> October, 2018. The Applicants have annexed the medical records to support her case in this Misc. Application. The Learned Counsel submitted that due to unavailability of the Applicant no instructions could be obtained to proceed with the matter and thus could not comply with the Debt Recovery Tribunals orders for such reason the S.A. being No. 33 of 2016 was dismissed.
**6.** That on perusal of the application filed by the Misc. Applicant and medical records annexed pertaining to Applicant No. 1 this Tribunal is of the opinion that this is a fit case to recall the dismissal of order dated 16<sup>th</sup> January, 2019 and accordingly the Misc Application is allowed and S.A. being S.A. No. 33 of 2016 is restored to its original file and number.
Accordingly, the Misc Application, being M.A. No. 02 of 2019, is allowed without any cost.
The Misc Applicants are directed to complete the services and file the Service Report on the next date of hearing and also the hearing of the S.A. being No. 33 of 2016 shall be held expeditiously and to be completed within 60 days.
Copy of the order is to be served to the other side.
File be consigned to Record room.
Order pronounced by me in the open Tribunal on this the 5<sup>th</sup> day of July, 2019.
Sd/- (M.S. Rao) Presiding Officer DRT-2, Kolkata
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