the two propositions would be in respect of debt adjudicated by the Tribunal while distributing the proceeds the amount already paid by the award debtors during litigation would be deducted and the balance would be handed over to the Award Holder/Bank. Hence there is substance in the contention of the opposite party No. 1 that such deduction would not fetter the Court from passing an award…

Appeals No. 25 & 26 of 2021-DRAT-Kolkata
     IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               Appeal No. 25 of 2021
         (Arising out of Appeal No. 04 of 2018  in DRT-III, Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
Smt. Balaka Bajpeyi, 40/3A, Mahendra Goswami Lane, P.O. – Beadon Street, 
Kolkata – 700 006.                                      
       
 …        Appellant
    -Versus-
1. 
Anil Kumar Gupta, 21/1, Ray Street, Bhawanipur, Kolkata – 700 020;   
2.
Union Bank of India, Union Bank Building, 5, Chowringhee Place, P.O. 
Taltala, Kolkata – 700 013;
3.
Jupiter  Trading  Company,   22B,   Ray   Street,   Bhawanipur, 
Kolkata – 
700 020;
4.
Smt.     Sujata    Gupta,   21/1,   Ray   Street, P.O.  Bhawanipur, 
Kolkata – 
700 020.
                                                             ... Respondents
                        
Counsel for the Appellant  
…    
Mr. Prasenjit Pal 
Counsel for Respondent 1    
 …   
Mr.  Debabrata   Basu Ray  
Ms. Debdatta Chakraborty  
Ms. Shreya Basu   
Counsel for Respondent No. 2/Bank
…  
Mr. Soudip Pal Choudhuri
Ms. Saswati Sikder
     With
  Appeal No. 26 of 2021
       (Arising out of Appeal No. 04 of 2018  in DRT-III, Kolkata)
Anil Kumar Gupta, son of Late Prabhu Dayal Gupta, residing at  21/1,   Ray 
Street,   P.S. Bhawanipur,  Kolkata – 700 020. 
             …        Appellant
      -Versus-
1. 
Union Bank of India, Asset Recovery Branch, 15, India Exchange Place, 
Kolkata – 700 001;
2.
Smt. Balaka Bajpeyi, Daughter of Late Nani Gopal Bajpeyi, residing at
40/3A,   Mohindra   Goshwami   Lane,   Police Station – Beadon Street, 
Kolkata – 700 006.
            …  Respondents 

2
      
Appeals No. 25 & 26 of 2021-DRAT-Kolkata  
3.
Jupiter  Trading  Company,   22-B,   Ray   Street,   P.S. Bhawanipur, 
Kolkata – 700 020;
4.
Smt.     Sujata    Gupta, Wife of Arvind Gupta, residing at 21/1,   Ray 
Street,  P.S.  Bhawanipur, Kolkata – 700 020;
5. 
Smt. Gita Devi Gupta, Wife of Late Prabhu Dayal Gupta,  residing 
at
21/1,   Ray  Street,  P.S.  Bhawanipur, Kolkata – 700 020.
                                     ... Proforma Respondents 
Counsel for the Appellant  
…    
Mr.  Debabrata  Basu Ray
Ms. Sharmistha Poddar
Counsel for Respondent 1/Bank    
 …   
Mr.  Soudip Pal Choudhuri  
Ms. Saswati Sikder  
Counsel for Respondent No. 2
…  
Mr. Prasenjit Pal
Counsel for Respondents No. 3 and 4 …
Mr. Samrat Mukherjee
JUDGMENT                         :
       1st March, 2023
THE APPELLATE TRIBUNAL : 
Both these appeals have arisen against one common judgment 
and order dated 6th January, 2020, passed by Learned Debts Recovery 
Tribunal-III, Kolkata (hereinafter referred to as the ‘Tribunal’) in 
Appeal No. 04 of 2018 arising out of R.P. No. 46 of 2009 arising out of 
O.A. 06 of 2004, hence  both the appeals  are  being  decided  by  a 
common  judgment.  
2.
Appeal No. 25 of 2021 is filed by Smt. Balaka Bajpayi, who is
Respondent No. 2 before the Tribunal while Appeal No. 26 of 2021 is 
filed by Anil Kumar Gupta, who was the Applicant before the Tribunal. 
3.
As per the pleadings of the parties, the facts in brief are that the 
Respondent Bank, Union Bank of India, sanctioned a loan to M/s.
Jupiter Trading Company, Respondent No. 3 in Appeal No. 25 of 2021. 
Appellant, Anil Kumar Gupta, was guarantor/mortgagor of the said 
land. Borrower defaulted in repayment of the loan, accordingly, loan 
was classified as  N.P.A. O.A. 06 of 2004 was filed before the Learned 
Tribunal  by the Bank, Union Bank of India (hereinafter referred to as 
the ‘Bank’). Learned  Tribunal allowed the O.A.   
 

3
      
Appeals No. 25 & 26 of 2021-DRAT-Kolkata  
4.
Recovery 
Certificate 
of 
Rs.25,91,105.30p 
was 
issued. 
Accordingly, Recovery Proceedings was initiated. Learned Recovery 
Officer. Vide order dated 27th February, 2013, initiated auction sale 
process of the mortgaged property for recovery of the dues.  Sale was 
fixed on 14th May, 

…