191090004442024_9508be9f0e265021081351b8444890f6.pdf

Reportable/ Not Reportable    
   IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
      (Misc. Appeal Dy No. 444 of 2024)
(Arising out of S.A. No. 26 of 2024 in DRT-1, Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
1.
State Bank of India, Stressed Assets Management Branch -II, 
‘Jeevandeep Building’, 10th Floor, 1, Middleton Street, Kolkata -700071.
2.
Authorized 
Officer, 
State 
Bank 
of 
India, 
Stressed 
Asset 
Management Branch – II  ‘Jeevandeep Building’, 10th Floor, 1, Middleton
Street, Kolkata -700071.
             …Appellants
                                  -Versus-
1. 
M/s Pooja Tiles and Sanitary Pvt. Ltd., AB Complex, AT Road, 2nd Floor, 
Near Mahabir Bhavan, Guwahati, Assam -781001.
2.  
Sri Manoj Kumar Goyal, Flat No. 1A, 1st Floor, RR Residency, KC Road, 
Chatribari, Guwahati, Assam -781001.
3.  
Ms. Pooja Goyal, Flat No. 1A, 1st Floor, RR Residency, KC Road, 
Chatribari, Guwahati, Assam -781001.
                      …  Respondents
Counsel for the parties
Mr. Anirban Pramanick,  
Learned Counsel, Ms. 
Subhasree Dey, Learned 
Counsel  for  the 
Appellants
Mr. Debasish 
karmakar, Learned 
Counsel, Mr. Shibajit 
Sankar Dhar, 
Learned Counsel for 
the Respondents.
 

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JUDGMENT                         
:   
On   5th July, 2024  
THE APPELLATE TRIBUNAL :           
                          For Admission
I.A. No. 277 of 2024
I.A. No. 277 of 2024 application under Section 5 of 
Limitation Act for condonation of delay.  Opposition filed by 
the Respondent.  
2.
Heard the Learned Counsel for the parties and perused 
the record.  It is submitted that the delay is not intentional,  
rather it is procedural.
3.
Having considered the submissions, I found the ground 
to be sufficient.  
Accordingly, I.A. No. 277 of 2024 is 
allowed.  Delay in filing the Appeal is condoned.  Let the 
Appeal be registered as regular appeal by providing a 
regular appeal number.  
4.
Instant appeal has arisen against an order passed by  
Learned  DRT-1 Kolkata dated 11.03.2024  in S.A. No. 26 of 
2024 whereby interim order passed by the Learned DRT on 
7th February, 2024 was extended till the effective hearing of 
SARFAESI application and I.A. No. 248 of 2024.
5.
At the very outset Learned Counsel for the Appellant 
would submit that without entering into the merits of the 
matter, a direction may be issued to the learned DRT to 
dispose of the S.A. expeditiously so that issue may be 
decided.  
Learned Counsel for the Respondent fairly 
conceded to this situation that a direction may be issued for 

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expeditious disposal.  Accordingly, Appeal stands disposed of 
with a direction to the Learned DRT to dispose of the 
SARFAESI Application No. 26 of 2024 (M/s Pooja Tiles and 
Sanitary Pvt. Ltd. & Ors. Versus State Bank of India) 
expeditiously preferably within a period of 10 weeks from 
the date a copy of this judgment is produced before him as 
per his own roster.  However, it is made clear that if any 
adjournment is sought by either of the parties and if the 
Learned DRT is of the opinion that the same is necessary to 
be granted, a short date be given with reasons.  Parties are 
directed to appear before the Learned DRT on 16th July, 
2024.  
ORDER
Appeal is disposed of with a direction to the Learned 
DRT to dispose of the SARFAESI Application No. 26 of 
2024(M/s Pooja Tiles and Sanitary Pvt. Ltd. & Ors. Versus 
State Bank of India) expeditiously preferably within a period 
of 10 weeks from the date a copy of this judgment is 
produced before him as per his own roster.   Parties are 
directed to appear before the Learned DRT on 16th July, 
2024.  
No Order as to costs.
File be consigned to Record Room.
Copy of the order be supplied to Appellant and the 
Respondents and a copy be also forwarded to the concerned 
DRT.

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Copy of the Judgment/ Final Order be uploaded in the 
Tribunal’s Website.
Order signed and pronounced by me in the open Court 
on this the 5th  day of July,  2024.
                               

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