191090010402024_71e58881281636be467ed2971ad01455.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                        
 HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
                             Misc. Application No. 02 of 2024 
            (Arising out of S.A. 157 of 2023 at DRT-I, Kolkata)
Order No. 06
24.03.2025 
Aditya Birla Finance Limited          
            … Appellants
           -Vs- 
Shalini 
Karnani 
& 
2 
Others
       …  Respondents
Ms. 
Ranjabati 
Ray, 
Learned
Counsel for Aplicants
Mr. Debabrata Basu Ray with 
Mr. 
Ankur 
Banerjee, 
Learned
Counsel for Respondents 
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the Applicants as well as 
Respondents and perused the record.
This Misc. Application has been filed under Section 17 (6) of 
the 
SARFAESI 
Act 
wherein 
relief 
for 
expeditious 
hearing 
of 
S.A. 157 of 2023 is sought. 
It appears that the matter was taken up for hearing on 
28th August, 2023 and was reserved for orders for I.A. 1731 of 2023. 
Further direction was issued to the Financial Institution to wait for the 
orders of the Tribunal before taking possession of the secured assets. 
Thereafter, matter could not be taken up and was again listed for 
hearing of I.A. 1731 of 2023 on different dates.
Interim order is continuing.
Grievance of the Applicants is that Applicants, being Financial
Institution, are deprived of taking action in view of the interim order 
passed by the Learned DRT.  It is submitted that the matter is already 
listed on 2nd May, 2025 before the Learned DRT. 

2
After going through the records and having considered the
submission made by the Learned Counsel for the parties, I am of the 
view that since there is an interim order passed by the Learned DRT 
and the matter is pending since 2023, it would be appropriate that the 
Learned DRT be directed to hear and dispose of the matter on 
2nd May, 2025 itself.
Accordingly, Misc. Application is liable to be disposed of.
     O R D E R 
Misc. Application is disposed of with a direction to the Learned 
DRT-I, Kolkata to hear S.A. 157 of 2023 along with I.A. 1731 of 2023 
on the date fixed, i.e. 2nd May, 2025. All the pending I.A.s may also be 
taken up.
Learned DRT is also advised to dispose of all the I.A.s as well as 
the S.A. expeditiously as early as possible.
If any adjournment is sought for by the either of the parties and 
Learned DRT is of the opinion that the ground as made out is 
reasonable, it may fix the matter as per its own roster. However, it is 
made clear that if adjournment is sought for by the SARFAESI 
Applicant and Learned DRT is of the opinion that the SARFAESI 
Applicant is dragging the matter without any valid ground then 
Learned DRT would be at liberty to vacate the interim order.    
Copy of the order be supplied to Appellant and the Respondents 
and a copy be also forwarded to the concerned DRT.
File be consigned to Record room.
Order dictated and pronounced in open Court.   
 
                               (Anil Kumar Srivastava,J)
                        Chairperson 
Dated: 24th March, 2025
07/ac