191090109662018_16abe963b9b7a4118cf8b352afea2d47.pdf

Appeal. No. 33 of  2018-DRAT-Kolkata
     IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 33 of 2018)
(Arising out of S.A. No. 104 of 2014 in DRT –3 Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
1.
IDBI Bank Limited, having its offices at 44 Shakespeare Sarani, 
Kolkata 700017, Videocon Tower, 1st Floor, E.1. Jhandewalan 
Extension, New Delhi-110055 and IDBI Tower, WTC Complex, 
Cuffe Parade, Mumbai-400005.
2.
The Authorised Officer, IDBI Bank Limited, having his offices at 
44 Shakespeare Sarani, Kolkata 700017. 
             …Appellants
                                  -Versus-
1.
Bangla Bijuli Power Technologies Private Limited, represented by its 
Managing Director Sri Ashit Kumar Baisya, 4/1A, Ambica Mukherjee 
Road, Belgharia, Kolkata -700056
                      …  Respondent
Counsel for the Appellants
Mr. 
A.K. 
Dhandhania, 
Learned Senior Counsel
with 
Mr. 
Debasish
Chakrabarty, 
Ms.
Sharmiha 
Pal, 
Learned
Counsel for the Appellant.
Counsel for Respondent  
Mr. 
Nimish 
Mishra 
Learned Counsel with Mr. 
Abir 
Mondal, 
Learned 
Counsel 
for 
the
Respondent
JUDGMENT                         
:   
On    22nd    March, 2023
THE APPELLATE TRIBUNAL :   
Instant Appeal has arisen against an order dated 07.02.2018 
passed by Ld. DRT -3 Kolkata  in S.A. No. 104 of 2014  IDBI Bank Limited 

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 Appeal. No. 33 of  2018-DRAT-Kolkata
and ors Versus Bangla Bijuli Power Technologies Private Limited whereby 
the Ld. DRT allowed the SARFAESI Application and quashed the Demand 
Notice dated 29.08.2012.  Hence, Appellant Bank has preferred this Appeal.  
2.
As per the pleadings of the parties, Respondent filed  SARFAESI 
Application under Section 17 of the SARFAESI Act (hereinafter referred to 
as the Act) before the Ld. DRT with the assertions that the Respondent being 
an SSI and falling under SME applied for availing two financial 
accommodations from the Appellant Bank duly creating mortgage of the 
house situated at 4/1A Ambica Mukherjee Road, Belgharia, Kolkata -
700056.   Total financial accommodation was Rs. 210.00 lacs being Term 
Loan of Rs. 70 lacs and Cash Credit Loan of Rs. 140.00 lacs which was 
sanctioned  by the Appellant Bank on 01.06.2009.  But the disbursement was 
delayed.  A sum of Rs. 28,01,223/- was disbursed as Term Loan on 
23.12.2009 and Cash Credit Limit for Rs. 140 lakhs was allowed from 
06.10.2009. Due to sanction of less amount, Respondent could not start his 
business. Despite his repeated request, full amount was not disbursed, even 
the EMI was not reduced in accordance with the disbursed amount.  
Moratorium of nine month was mentioned in sanction letter dated 
01.06.2009 but Bank started deduction of quarterly EMI of Rs. 4.12 lakhs 
from 01.04.2010 i.e. just after three months of disbursement of the part Term 
Loan of Rs. 28 lakhs.  Even, the Cash Credit Account was not renewed 
despite request by the Respondent.  Appellant Bank had frozen the Cash 
Credit Account without giving any information to the Respondent.  On 
repeated enquiry by the Respondent, Appellant Bank informed vide e-mail 
dated 01.01.2011 that Account shall slip to NPA.  It was informed that Cash 
Credit Account has become NPA on 31.12.2010 which was wrongly done.  
Account was never an NPA account.  A cheque dated 05.06.2012 for 
Rs.1,25,000/-was deposited with the Appellant Bank on 05.06.2012 which 
was credited on 14.06.2012 but it was not adjusted. 

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 Appeal. No. 33 of  2018-DRAT-Kolkata
3.
Appellant Bank had issued Demand Notice u/s 13(2) of the Act dated 
29.08.2012 demanding Rs. 1,67,58,707/- towards CC Account and 
Rs.12,95,266/- towards Term Loan Account  
as on 31.07.2012.  
A 
representation under Section 13(3-A) of the SARFAESI Act was made by 
the Respondent which was never replied.  Possession notice was published 
in The Times of India on 20th September, 2014 which was not in accordance 
with Rules.  Despite repeated demands by the Respondents, full a

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