191090006572024_ef3784d443d8a41d3ca4c6c040583eab.pdf

Reportable/ Not Reportable    
   IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
      (Misc. Appeal Dy. No. 657 of 2024)
(Arising out of S.A. No. 449 of 2024 in DRT-3 Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
1         
State Bank of India, Stressed Assets Management Branch -II; 
Central Office at Madam Cama Road, Mumbai -40021; and at 1, 
Middleton Street, Jeevan Deep Building, 10th  Floor, Police Station 
– Shakespeare Sarani, Kolkata -700071;
2.
Authorised Officer, State Bank of India, Strtessed Assets 
Management Branch -II 1, Middleton Street, Jeevan Deep 
Building, 10th  Floor, Police Station – Shakespeare Sarani, Kolkata 
-700071;. 
             …Appellants
                                  -Versus-
1. 
Lord Ganesh Enterprise Limited., 35/1, “J” Road, Belgachia, Howrah – 
711105.
2.  
Sailand Developer Pvt. Ltd.; 43, Motisil Street, Kolkata -700013;
3.
Shakti Adhikary, son of Biswanath Adhikary residing at  28/1, “D” 
Road, Bamangachi, Liluah, Howrah – 711106;
4.
Shaktipada Saha,  son of Sri Mahendranath Saha, residing at 5A, 
Shyamapukur Lane, Kolkata -700004;
                      …  Respondents
5.
Allied Technologies represented by its Proprietor Intikhab Alam, having 
its office at Z3-103/8A, Jelia Park Road, Kolkata 700044; 
                                                                        …   Proforma Respondents
                                                                        
Counsel for the parties
Mr. Shiv Mangal Singh,  
Learned Counsel for  the 
Appellants
None for the 
Respondents.
 

2
JUDGMENT                         
:   
    On   25th  July, 2024  
THE APPELLATE TRIBUNAL :           
                
Heard the Learned Counsel for the Appellant.  
It 
appears that the Appellant has challenged the impugned 
order dated 12.06.2024. whereby the Learned DRT has 
recorded a finding on the issue of maintainability of the 
SARFAESI Application holding the petition to have been filed 
within the period of limitation.  Learned Counsel for the 
Appellant would submit that a plea was  raised that the S.A. 
is barred by limitation which is negated by the  Learned 
DRT.     
As far as the issue of limitation is concerned, it is still 
open to be dealt with at the time of final hearing of the 
SARFAESI Application after giving an opportunity of hearing 
to the parties.  At this stage I do not find any ground to 
entertain the Appeal.  Although the Appellant would be at 
liberty to raise the issue at the time of final hearing of the 
S.A.  Accordingly, Appeal is dismissed in limini at admission 
stage.  
                                                                                                       
                                      ORDER
Appeal is dismissed in limini at admission stage.  
No Order as to costs.
File be consigned to Record Room.

3
Copy of the order be supplied to Appellant and the 
Respondents and a copy be also forwarded to the concerned 
DRT.
Copy of the Judgment/ Final Order be uploaded in the 
Tribunal’s Website.
Order signed and pronounced by me in the open Court 
on this the 25th  day of July, 2024.
                                                     
                         (Anil Kumar Srivastava,J)
                   Chairperson 
Dated:     25th  July , 2024
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