191090002532023_964d030a647a334f731b2085f4bee188.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
      (Misc. Appeal No. 36 of 2023)
(Arising out of I.A. No. 171 of 2023 in  S.A. No.59 of 2023 in DRT-
Visakhapatnam)
 HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
1. Union Bank of India Maharanipeta Branch, represented by its Chief 
Manager.
2. Authorized Officer, Union Bank of India, Maharanipeta Branch, 
Visakhapatnam
             …Appellants
                                  -Versus-
M/s Whitemen Constructions Private Limited, Corporate Office, having 
office at D.No. 9-17-27/1, Flat No. 201, CBM Compound, VIP Road, 
Visakhapatnam, Pin -530003, represented by its Managing Director, 
Gudivada Sivaram Prasad, son of G. Appa Rao, aged 52 years, residing at 
Flat No. 8C, Ocean Apartments, Pedawaltair, Visakhapatnam, PIN -530017.
                      …  Respondents
Counsel for the parties
Mr. Dipanjan Dutta, 
Learned Counsel Mr. 
Subhojit Chowdhury, 
Learned Counsel for the 
Appellant
None for the 
Respondent
 
JUDGMENT                         
:   
On   18th April, 2024
                            
THE APPELLATE TRIBUNAL :           
               
Heard the Learned Counsel for the Appellant and 
perused the record.  Despite service none is appearing for 
the Respondents.  
2.
Instant Appeal has been preferred against an order 
dated 21.02.2023 passed by the Learned Debts Recovery 

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Tribunal Visakhapatnam in I.A No. 171 of 2023 arising out of 
SA No. 59 of 2023.
3.
Learned Counsel for the Appellant would submit that 
the impugned order was passed at the very first day of the 
filing of the SARFAESI Application.  No opportunity was 
granted to the Appellants herein to file any opposition.  
Further, the impugned order was passed merely on the basis 
of a statement made by the Appellant, that too for payment 
of certain amount in future in equal instalments.
4.
A bare perusal of the impugned order would reflect that 
the Respondents herein after filing the Application under 
Section 17 of the  
SARFAESI Act undertakes to make 
payment of 15% of the notice amount within 20 days and 
thereafter 10% within further  20 days from the date of first 
payment and thereafter remaining amount shall be paid 
within six equal monthly instalments.  On the basis of the 
undertaking, Learned DRT passed the impugned order.
5.
It is settled legal proposition of law that an order 
against a party can only be passed after affording an 
opportunity of hearing.  Opportunity of hearing means that 
notices be issued to the other parties and only then any 
order should be passed.  Further,  in the present case 
merely on the basis of a statement made by the SARFAESI 
Applicant interim orders were passed which could not stand 
the test of law.  
6.
Accordingly, impugned order cannot be sustained and 
is liable to be vacated.  Appeal deserves to be allowed.  

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ORDER
Appeal is allowed.  Impugned order dated 21.02.2023 
passed by the Learned DRT Visakhapatnam in SA No. 59 of 
2023 is set aside.  Learned DRT is hereby directed to decide 
the matter after affording an opportunity of hearing to the 
parties in accordance with law.
No Order as to costs.
File be consigned to Record Room.
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 pronounced by me in the open Court on 18th 
April,  2024.
                                                     
                         (Anil Kumar Srivastava,J)
                   Chairperson 
Dated:  18th April, 2024
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