Writ Petition No. 14391 of 2022 [Debdas Dutta

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal Dy No. 651 of 2022
(Arising out of S.A. No. 764 of 2022 in DRT-3 Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
01.03.2023
M/s. Vishal & Vishal
Through 
Sri 
Debdas 
Dutta 
sole 
Proprietor having office at Itinda 
Road, PO & PS Basirhat, Dist North 
24 Parganas, PIN – 743411.  
                    … Appellant
              -Vs-
1. Punjab National Bank having its 
office at 48A, Jessore Road, Barasat, 
Near Seth Pukur, Kolkata – 700124. 
2. The Chief Manager and Authorised 
Officer, Punjab National Bank, 24 
Parganas North Circle, 48A, Jessore 
Road, Barasat, Near Seth Pukur, 
Kolkata – 700124.
…  Respondents
Mr. P. Sil, ld. Counsel with Mr.
Subhadip Biswas, ld. Counsel with 
Mr. S. Chakraborty and Ms. P.A. 
Sharma, 
ld. 
Counsel 
for 
the 
appellant. 
Mr. 
Debasish 
Chakraborty, 
ld.
Counsel with Ms. S. Pal, ld. Counsel. 
THE APPELLATE TRIBUNAL :
Instant appeal has arisen against the judgement and order 
dated 23.09.2022 passed by learned DRT – 3 Kolkata in S.A. No. 
764 of 2021 [M/s. Vishal & Vishal Vs. Punjab National Bank & 
Ors.] whereby learned Presiding Officer directed the respondent 
bank to furnish name of the auction purchaser as well as fixing 
the matter for further hearing on 21.12.2022 of the S.A. as well 
as I.A.
2.
S.A. No. 764 of 2021 was filed by the appellant against 
respondent bank seeking a direction upon the respondent no. 1 
and 2 i.e. Punjab National Bank and its Authorized Officer not to 
give effect to the impugned sale notice dated 07.12.2021 and 
further for quashing and setting aside the impugned notice dated 

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14.06.2021 issued u/s 13(2) of the SARFAESI Act (hereinafter 
referred to as “Act”) and Notice dated 29.08.2021 issued u/s 
13(4) of the Act with the assertion that the appellant is a 
proprietorship firm which took the cash credit and term loan from 
the respondent bank. The repayment of loan was become 
irregular, as such, loan account was classified as NPA on 
30.09.2013.  Proceedings under the Act was invoked by issuing 
notice dated 14.06.2021 u/s 13(2) of the Act wherein there was a 
demand of Rs.19,76,937/-.  As per Para 11 of the S.A. loan 
account was declared NPA on and from 31.03.2021.  Notice u/s 
13(4) of the Act was also issued by the respondent.  It is alleged 
substantial payment was made by the appellant till proclamation 
of sale notice was published on 07.12.2021 whereby auction sale 
date was fixed on 20.01.2022 fixing valuation of the property at  
Rs.19.00 lakh, which was alleged to be undervalued. Accordingly, 
S.A. was filed seeking limitation from 07.12.2021 the date of 
publication of notice u/s 13(2) of the Act.  Relief was sought for 
direction upon respondent bank not to give effect to the sale 
notice dated 07.12.2021 and to quash the notices issued u/s 
13(2) and 13(4) of the Act. 
3.
It appears from the pleadings that in the sale notice dated 
07.12.2021 no bidder put bid for the auction.  Accordingly, fresh 
sale notice was issued on 17.02.2022.  
Auction sale was 
conducted on 15.03.2022.  
Sale certificate was issued on 
20.04.2022.  Order of the District Magistrate North 24 Parganas 

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was obtained on 30.05.2022 u/s 14 of the Act.  
It is also 
undisputed that S.A. No. 764 of 2021 is still pending.  
4.
Pending S.A., Writ Petition No. 14391 of 2022 [Debdas Dutta 
Vs. Union of India] was filed before the Hon’ble High Court at 
Calcutta which was decided on 14.07.2022 wherein it was 
submitted before the Hon’ble High Court that an application filed 
before DRT-3 Kolkata in March, 2022 is pending as on date.  
Relief was sought for interim stay of the order passed by the 
District Magistrate, North 24 Parganas on 30.05.2022.  Learned 
counsel for the petitioner submitted that they have not filed any 
application against the order of the District Magistrate dated 
30.05.2022.  Hon’ble High Court was pleased to pass following 
order :
“The limited protection sou

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