Writ Petition no. 22945 of 2012 filed by the defendant no.4

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Reportable / not reportable
IN THE DEBT RECOVERY APPELLATE TRIBUNAL - KOLKATA
HON'BLE Justice Anil Kumar Srivastava, Chairperson 
 APPEAL No. 146 of 2023
(Arising out of O.A. 237 of 2013 – DRT-Cuttack)
17.07.2025
                                                                                        
1. M/S. S.R. Retail Zone Pvt Ltd & Others having registered 
office at A 51 KHARVELA NAGAR, UNIT 3, KHURDA, 
Bhubaneswar, Orissa.
2. Nihar Ranjan Pattnaik, A- 51 KHARVELA NAGAR, UNIT 3, 
KHURDA, Bhubaneswar, Orissa.
3. Mrs. Basanti Das, resident of 1579, 4th Lane A, Talabania, 
Bhaktamandhu Nagar, Bhubaneswar, Khurda, Odisha – 
751030/
4. Debendranath Das, resident of 1579, 4th Lane A, Talabania, 
Bhaktamandhu Nagar, Bhubaneswar, Khurda, Odisha – 
751030
                                                                      ... Appellants
                                          --Vs--
1. UNION BANK OF INDIA having office at PLOT NO 121 &122 
GROUND FLOOR, UNIT 3, KHARVELNAGAR, STATION SQUARE 
BHUBANESWAR, Khurdha, Odisha – 751001. 
Proforma respondents :
2.Nalinikanta Patnaik residing at S/O. Sri Nilakantha Patnaik 
Duplex 18, Aryabhumi, Kanak Vihar, Bhubaneswar 751024
3.Dr Sarbeswar Samal residing at S/o. Kapil Charan Samal 
106/1503(P) Acharya Vihar, Bhubaneswar 751002.
                                                                 ... Respondents
For Appellant
:  Mr. Nemani Srinivas, Ld. counsel
  
For Respondent: Ms. Aparajita Rao, ld. adv. 
   Ms. Nabanita Dutta, ld. Adv. 
The Appellate Tribunal
Instant appeal is preferred by the appellant against the 
judgement and order dated 19.02.2021 passed by learned DRT 
Cuttack in O.A. 137 of 2013 (Corporation Bank, merged with 

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Union Bank of India Vs. M/s. S.R. Retail Zone Pvt. Ltd. & Others) 
whereby learned DRT allowed the original application filed u/s 19 
of the Recovery of Debts and Bankruptcy Act, 1993 for recovery 
of Rs.34,09,139.50 against the defendants jointly and severally 
with pendente lite and future interest @ 10% per annum simple 
from the date of filing the O.A. till full and final realization of the 
certified amount. Further direction was issued that the bank can 
recover dues from the defendants by sale of the properties 
mortgaged and hypothecated to the bank except the property of 
defendant no. 2 and 5 namely Nihar Ranjan Pattnaik and Mr. 
Nalinikanta Pattanaik respectively which have already been sold 
in auction and property of defendant no.6 namely Dr. Sarbeswar 
Samal which was released on payment of Rs.30.00 lakh on 
28.12.2011.    
2.
As per pleadings of the parties, facts in brief are that 
appellants herein are the defendants in the O.A., who were 
borrower, guarantor and mortgager.  
O.A. was filed by the 
Corporation Bank which was subsequently merged with the Union 
Bank of India. Cash credit limit of Rs.90.00 lakh was availed by 
the appellants which was secured by creation of equitable 

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mortgage of the immovable property of appellants.  Loan account 
became irregular and classified as NPA.  Demand notice dated 
01.08.2011 was issued u/s 13(2) for outstanding dues of 
Rs.94,10,154/-.  Respondent no.6 namely Dr. Sarbeswar Samal 
entered into a settlement with the bank and immovable property 
owned by him got released on deposit of Rs.29.00 lakh.  The 
deposit of Rs.29.00 lakh was not disclosed in the O.A. 
proceeding.  Possession notice was issued on 13.07.2012 and 
sale notice was also issued on 21.11.2012.  
There was no 
mention of depositing Rs.29.00 lakh.  Further, Rs.14.70 lakh 
auction price of immovable property owned by defendant no.2 
was not adjusted.            
3.
Writ Petition no. 22945 of 2012 filed by the defendant no.4 
namely Mr. Debendranath Das before the Hon’ble High Court of 
Orissa wherein under the direction of the Hon’ble High Court 
amount of Rs.9.00 lakh was deposited on 28.01.2013.   
4.
Thereafter O.A. no. 237 of 2013 was filed u/s 19 of the 
Recovery of Debts and Bankruptcy Act, 1993 for recovery 
certificate

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