Public excerpt
Writ Petition No. 629 of 2024 wherein, as
Case: Writ Petition No. 629 of 2024 wherein, asPages: 2Characters (full): 2458
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
Misc. Application Diary No. 1391 of 2025
(Arising out of I.A. 4843 of 2024 in S.A. 1033 of 2024 in DRT-III, Kolkata)
Order No. 02
12.12.2025
IIFL Home Finance Limited
… Appellants
-Vs-
Manasi
Mondal
&
2
Others
... Respondents
Ms. Kasturi Das Gupta, Learned
Counsel for Appellants
Ms. Anindita Das with Ms. Dona
Karmakar Learned Counsel for
Respondents
THE APPELLATE TRIBUNAL:
For Admission
Heard the Learned Counsel for Appellant and perused
the record.
Instant application, under Section 17 (6) of the
SARFAESI Act, 2002 (hereinafter referred to as the ‘Act’) has
been preferred by the Applicant who is opposite party in the
pending S.A. before the Learned DRT. Prayer is made for
expeditious disposal of the pending S.A. 1033 of 2024
pending before the Learned DRT-III, Kolkata.
At the very outset, it has been observed that the
Learned Presiding Officer, DRT-III, Kolkata is demitting
office on attaining the age of 70 years on 31.12.2025. No
Presiding Officer has yet been appointed. Hence, there will
2
be no use of passing any order under Section 17 (6) of the
Act.
As far as merits of the matter are concerned, having
gone through the records I find no ground is made out for
passing any order as the Hon’ble High Court has already
disposed of the Writ Petition No. 629 of 2024 wherein, as
submitted by the Learned Counsel for the Applicant
directions have been issued upon the Respondents herein to
approach the Learned DRT. The Hon’ble High Court has also
passed a direction re-delivery of possession by the Secured
Creditor to the Opposite Party therein; which is complied
with.
Having considered the submission, I do not find any
ground. to entertain this application. Accordingly, Misc.
Application is devoid of merits and is dismissed.
However, as far as pending I.A. is concerned, it is
expected that the Learned DRT may, if roster so permits,
shall take up the pending I.A. 4843 of 2024 on the date
fixed for hearing.
Copy of the Judgment/Final Order be uploaded in the
Tribunal’s Website.
File be consigned to Record room.
Order dictated and pronounced in open Court.
(Anil Kumar Srivastava,J)
Chairperson
Dated 12th December, 2025
02/ac