Debts Recovery Tribunals and Appellate Tribunals
PARTHA BANERJEE vs STATE BANK OF INDIA on 3 March 2021
Through Virtual hearing
THE DEBT RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dated this the 3rd day of March, 2021
PRESENT: Dr. T. RAVI SHANKAR, HON’BLE CHAIRPERSON
Appeal No. 9 of 2021
(Arising out of IA No. 1086 of 2020 & I.A No. 1087 of 2020 in S.A No. 59 of 2019 on the file of DRT-1, Kolkata)
.
Sri Partha Banerjee
…….
Appellant
-Versus-
State Bank of India & Another
..........
Respondents.
Counsel for Petitioners :
M/s. Ranjan Kali & Mitul Chakraborty
Counsel for Respondent :
M/s. Soudip Pal Choudhuri
Nos.1 & 2.
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O R D E R
Both parties are represented by their respective learned counsel.
Learned counsel for the appellant prays that directions be given to the Presiding Officer, DRT-1, Kolkata to take up IA No. 1115 of 2019 for addition of party, IA No. 1820 of 2019 filed under Section 340 of Cr. P.C and I.A No.2302 of 2019 filed for issue of fresh interim orders and dispose of the same in obedience to the orders of the Hon’ble High Court. It is seen that the learned Presiding Officer, DRT-1, Kolkata has to obey the orders of the Hon’ble High Court of Calcutta. It is also seen interim orders impleading the auction purchaser have been passed in this appeal and therefore, the learned Presiding Officer, DRT-1, Kolkata is directed to implead the Auction Purchaser in the SA also. It is further seen that an interim order has already been passed by this Tribunal against the auction purchaser restraining him from in any way altering or putting up constructions in the property in question. It is seen that the Authorized Officer of the Bank has also been restrained from taking any proceeding under the SARFAESI Act.
2. Learned counsel appearing on behalf of the bank stated that the bank has acted properly under the SARFAESI Act and will always obey the orders of the Hon’ble High Court of Calcutta.
Heard both sides.
In view of the fact that the Hon’ble High Court of Calcutta has been pleased to direct the Learned Presiding Officer, DRT-1, Kolkata to dispose of the IAs being IA No. 1115 of 2019 for addition of party, I.A No. 1820 of 2019 under Section 340 of Cr. P.C and I.A No.2302 of 2019 for fresh interim orders. The Learned Presiding Officer, DRT-1, Kolkata is hereby directed to obey the orders of the Hon’ble High Court of Calcutta. Further, the Learned Presiding Officer, DRT-1, Kolkata is directed to implead the Auction Purchaser as a Respondent in the S.A pending in DRT-1, Kolkata and it is further ordered that the said Auction Purchaser shall be restrained from in any way altering the nature of the property that he has purchased from the Bank in the auction or from alienating the same or creating any third-party interest in the property till the disposal of the SA. Equally, the Authorized Officer of the Bank shall also stand restrained from in any way proceeding in any manner under the provisions of the SARFAESI Act till the disposal of the SA by the Tribunal below.
This appeal is accordingly disposed of.
Learned counsel for the appellant is directed to furnish a copy of this order to the Ld. Registrar, DRT-1, Kolkata at the earliest to enable him to submit the same to the Learned Presiding Officer. (Dictated to the Stenographer, transcribed by him, corrected, signed and pronounced by me on this the 3rd day of March, 2021).
Sd/= (Dr. T. Ravi Shankar) Chairperson