191090092382017_b627a199d51f7bae7a94f81e99bd8415.pdf

1 
 
IN THE DEBT RECOVERY APPELLATE TRIBUNAL - 
KOLKATA 
HON'BLE Justice Anil Kumar Srivastava 
Appl. 220 of 2017 
(Arising out of Appeal No.02 of 2017 – DRT-II Kolkata) 
1. Arun Das residing at Subhas Road, South 
Habra, Dist. North 24 Parganas (N) Pin 
743263. 
2.Subhas Chandra Das residing at P G B T 
Road, Banipur Habra, Dist. 24 Parganas (N), 
Pin 743233.  
... Appellants 
--Vs-- 
1. Pijush Kanti Das residing at Habra, 
Hijulpukuria, Boralia Road, PS Habra, Dist. 
24 Parganas (N) Pin 743263 
2.Sm Shipra Das residing at residing at 
Habra, Hijulpukuria, Boralia Road, PS Habra, 
Dist. 24 Parganas (N) Pin 743263 
3.Indian Bank residing at Hridaypur Branch, 
Jessore 
Road,Dakbunglow 
More.Barasat 
Kolkata Pin 700124, [Erstwhile Allahabad 
Bank merged in Indian Bank] 
4.Ashok Kanjilal residing at HijalPukuria PS 
Habra, Dist 24 Parganas (N) Pin 743263.  
... Respondents 
Appeal No. 59 of 2018 
(Arising out of Appeal No.02 of 2017 – DRT-II Kolkata) 
Indian Bank having office at Hridaypur 
Branch, 
Jessore 
Road,Dakbunglow 
More,Barasat – 700124. 
... Appellant 
--Vs-- 
1. Pijush Kanti Das residing at Habra, 
Hijulpukuria, Boralia Road, PS Habra, Dist. 
24 Parganas (N) Pin 743263 
2.Sm Shipra Das residing at residing at 
Habra, Hijulpukuria, Boralia Road, PS Habra, 
Dist. 24 Parganas (N) Pin 743263. 

2 
 
... Respondents 
 
For the appellant:Mr. J. Basu Ray, ld. Adv. in Appeal No. 220/2017 
 
 
 
 Mr. Ajit Mondal, ld. Adv. in appeal No. 59/2018 
 
 
 
 Mr. Partha Mukherjee, ld. Adv. 
 
For respondent : Mr. Nimesh Mishra, ld. Adv. for resp. no. 1&2 
 in appeal no. 220/2017 and 59/2018 
 Mr. Debjit Mukherjee, ld. Adv. 
 Mr. Ajit Mondal, ld. Adv. for resp. no. 3 bank 
 in Appl no. 220/2017. 
 
 
THE APPELLATE TRIBUNAL 
 
 
 
 
 
 
JUDGEMENT  
 
 
 
Both the appeals being Appeal No. 220 of 2017 and 59 of 
2018 arising against the common judgement and order dated 
22.06.2017 passed by the learned DRT-II, Kolkata in Appeal 
No. 02 of 2017 [Shri Pijush Kanti Das &Anr. Vs. Allahabad Bank 
&Ors.], hence, both the appeals are being decided by a 
common judgement.  
2. 
As per pleadings of the parties, facts of the matters are 
that financial assistance was provided by the appellant 
Allahabad Bank (now merged with the Indian Bank) to its 
borrower, Ashok Kanjilal, after creating security interest on his 
property which was mortgaged in favour of the bank being all 
the piece and parcel of the property situated at Holding No.65, 
Ward No.7, R.S. No. 312, J.L. No. 80, Mouza – HajalPukuria, 
P.S. Habra, District – 24 Parganas (North), a two storied 
building.  Borrower and mortgager failed to comply with the 

3 
 
repayment liability.  Accordingly, appellant bank filed an 
Original Application No. 53 of 2001 u/s 19 of the Recovery of 
Debts & Bankruptcy Act, 1993 before the learned DRT-II, 
Kolkata praying for recovery certificate of Rs.23,17,390.39 with 
interest at the rate of 15.5 per cent per annum which was 
disposed of by consent decree issuing a certificate of recovery 
dated 11.10.2016 for Rs.23,17,390.39 with interest at the rate 
of 15.5%.  
3. 
R.C. No. 33 of 2006 was registered and proceedings were 
initiated before the Recovery Officer, DRT-II, Kolkata wherein 
Recovery Officer issued sale proclamation notice and sale notice 
dated 24.02.2016.  E-auction was conducted for the entire 
property floorwise calling for bids from prospective buyers 
separately for each floor of the three storied building.  Sri Arun 
Das and Subhash Chandra Das were the joint successful bidders 
of the second floor which was confirmed by the Recovery Officer 
vide order No. 100 dated 10.06.2016.  Thereafter, respondents, 
namely Mr. Pijush Kanti Das and Ms. Shipra Das filed 
intervening application before the Recovery Officer in August 
2016 which was dismissed on 20.01.2017. 
4. 
Feeling aggrieved by the order, an appeal No. 02 of 2017 
was filed before the learned Presiding Officer, DRT-II, Kolkata 
u/s 30 of the Recovery of Debts and Bankruptcy Ac

…