Writ Petition No.27703/2016 with

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA 
          In-Charge Debt Recovery Appellate Tribunal, Allahabad      
                            
Appeal No. 152 of 2018
(Arising out of S.A.No.249 of 2017 in DRT-3, Kolkata)
THE HON’BLE SHRI R S KULHARI
CHAIRPERSON
Smt. Jayati Sardar
W/o late Balaram Sardar
At present residing at
Vill-Khasmallick
Baikhuntapur Patalipara
C/o Sanatan Das (Bariwala)
P.O.Dakhin Gobindpur
P.S.Baruipur, South 24
Parganas, Kolkata-700145
M/s NRSKL Health Care Private Limited
              
     …  Appellant   
    
-versus-
1. The Authorized Officer 
India Bulls Housing Finance Limited
Calcutta Branch Office
60C, Chowringhee Road
Near Avani Tower, First Floor
Kolkata-700020
2. India Bulls Housing Finance Limited
A Financial Institution Company
incorporated under the 
Companies Act, 1956
Calcutta Branch Office
60C, Chowringhee Road
Near Avani Tower, First Floor
Kolkata-700020
          …  Respondents
                           
Mr. Dhiraj Kumar Trivedi
Learned Counsel for Appellant 
Mr. Debasish Chakraborty 
along with Ms. Anindita Das
Learned Counsels for                
Respondent F.I.

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THE APPELLATE TRIBUNAL : JUDGEMENT : Dt.09.08.2019
1. This Appeal has been preferred against the Order date 21.03.2018 
passed by DRT-3, Kolkata whereby the S.A. filed by the Appellant 
was dismissed being barred by limitation.
2. Brief facts of the case are, that the Respondent Financial Institution 
(hereinafter “F.I.”) granted housing loan to the Appellant which 
was secured by mortgage of the house. As the loan was not repaid 
in terms of the loan agreement, the account was classified as 
N.P.A. and demand notice under Sec.13(2) of the SARFAESI Act 
was issued on 14.05.2008. The physical possession of the house 
was taken on 07.07.2010 in furtherance of the order of the C.J.M. 
passed under Sec.14 of the SARFAESI Act. The property was sold 
in public auction on 05.09.2010. After payment of sale price, sale 
certificate was issued in favour of the auction purchaser and the 
sale deed has been executed on 15.09.2011.
3. It transpires that at the time of taking physical possession, some
household goods belonging to the Appellant were taken into 
custody by the Respondent F.I. and were kept in a separate 
accommodation. Information was given to the Appellant for 
receiving such movables but no response was given by the 
Appellant. Hence, the movables were put for sale and notice was 
also given to the Appellant. The Appellant approached before the 
Hon’ble High Court by filing Writ Petition No.27703/2016 with 
regard to sale of the movable goods. Before that, the Appellant 
filed an FIR against the Respondent F.I. under Section 379 of IPC. 
The Hon’ble High Court vide order dated 16.12.2016 disposed of 
the writ observing that the investigation of the Police shall be taken 
to its logical conclusion and the petitioner shall be at liberty to 
approach the DRT under Sec.17 of the SARFAESI Act in accordance 
with law. If the offence is compounded, the secured creditor shall
release the household belongings of the petitioner within ten days.
4. The Appellant filed S.A. 249/2017 before the Tribunal below 
challenging the demand notice, possession notice and sale of the 
property conducted by the Respondent F.I. The Tribunal below vide 
impugned order dismissed the S.A. holding that it is barred by

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limitation. However, the F.I. was directed to handover the 
household belongings to the Appellant within two weeks. Hence
this Appeal. 
5. Heard the Learned Counsels for the parties.
6. Learned counsel for the Appellant submitted that the loan was 
taken in joint name of the Appellant and her husband. Her husband
expired during service hence the loan could not be repaid in time. 
No notice was served by the Respondent F.I. to the Appellant 
before taking possession or sale of property. The Appellant being a 
widow lady, could not challenge the proceedings of the F.I. 
However, the same were challenged by filing writ pet

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