191090014152025_d0508764be0452c6a0a1dc7d95cf8d97.pdf

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appl. Dy No. 1415 of 2O25
(Arislng out of I.A. 664 of 2A25 in S.A. No 111 of 2025 - DRT-Siliguri)
THE HON'BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA,
CHAIRPERSON
Order No. 03
L8.L2.2025
1. Soma Rudra, at New Town, Rabindra Nagar,
PO Cooch Behar, Dist. Cooch Qehar, PIN 736101.
2. Sudip Rudra, at Ward No. 12, Chhatguriahati, New
Town, Rabindra Nagar, PO Cooch Behar, Dist. Cooch
Behar, PIN 736101.
... Appellant
--Vs--
1. State Bank of India, SARB, Siliguri, First Road
Hometand Business Centre, 3d Mile, Homeland
Business Centre, 3'd Mite, Sevoke Road, Siliguri
734008.
2. The AO, State Bank of India, SARB, Siliguri, First
Road Homeland Business Centre, 3'd Mile, Homeland
Business Centre, 3'd Mile, Sevoke Road, Siliguri
734008.
... Respondents
For Appellant
For Respondent
: Mr. Nemani Srinivas , ld. adv.
Mr. Joyjit Dutta, ld. Adv.
THE APPELLATE TRIBUNAL :
Heard learned counsel for the appellant and perused the
records.
2. Instant appeal is preferred against the order dated
05.12.2025 passed by learned DRT-siliguri in I.A. 664 of z0z5
arising out of S.A. No. 111 of 2025 [soma Rudra & Anr. vs. State
Bank of Indial whereby learned DRT directed that all the sate
be subject to the
process shall
outcome of the I.A. as well as S.A.

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3. Learned DRT would submit that the impugned order was
passed despite direction to file written objection, bank took lot of
time in filing objection and even thereafter bank did not file the
same. The same is also observed by the learned DRT in the
impugned order. Learned counsel would further submit that after
passing of the impugned order notices were issued in pursuance
of the order passed u/s L4 of the SARFAESI Act.
4. Having gone through the judgment, I do not find any
illegality in the impugned order rather impugned order was
passed in favour of the appellant. so the impugned order does
not warrant any interference. Accordingly appeal is liable to be
dismissed at the admission stage.
5. However, since appellant made a prayer that she is
apprehending dispossession from the secured asset, appellant is
given liberty to move appropriate application before the tearned
DRT for appropriate relief. Learned DRT is expected to hear the
application, if so fited by the appeilant, on the date of filing the
same and pass necessary order in accordance with rule.
ORDER
6. Appeal is dismissed of at the admission stage. Consequently,
all pending I.A.s are also dismissed. It is made clear that all the
points in the LA. and s.A. are kept open. costs easy.
7. Registry is directed to communicate this order to tearned
DRT forthwith.

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File be consigned to record room.
Copy of the Order be uploaded in the Tribunal's website.
order dictated, signed and pronounced by me in the open
Court on this the l8th day of December, 2025.
(Anil Kumar Srivastava, J)
Chairperson
I D, | '),','?n 4'r
Dated :
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t8.L2.202s