191090006422023_e7eb14d36d4e00eac7e1536e5391df1f.pdf

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               
 Misc. Appl. Dy No. 642 of 2023
               
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, 
CHAIRPERSON
21.09.2023
State Bank of India, having Central office at 
Madam Cama Road, Mumbai – 400021 and 
local office at Stressed Asset Recovery 
Branch, 1, Middleton street, Jeevan Deep 
Building, 11th floor, PS Shakespeare Sarani, 
Kolkata – 700071.  
                               …   
Appellant  
              Vs.
1. Perfect FMCG Pvt. Ltd. having office at 4, 
Ganesh 
Chandra 
Avenue, 
8th 
floor, 
Kolkata – 700013. 
2. Mr. Dharmendra Vijaywargi residing at 
11, Raja Nabakrishna Street, Kolkata – 
700005. 
3. Smt. Ratna Vijaywargi residing at   11, 
Raja 
Nabakrishna 
Street, 
Kolkata –
700005. 
4. Vijaywargi Pulses & Grains Pvt. Ltd., 
having office at 4, Ganesh Chandra
Avenue, Kolkata – 7000013. 
                     
….. Respondents
                     
           
For Appellant 
: Mr. Shiv Mongal Singh, ld. Advocate
   
For Respondents : Mr. Shreyash Mohta, ld. Advocate.
  
  
 
 
   
THE APPELLATE TRIBUNAL :
Respondents are represented through the learned advocate 
Mr. Shreyash Mohta, who filed Vakalatnama. Learned counsel for 
the appellant bank is present. 
2.
Heard learned counsel for the parties and perused the 
records.
3.
It appears from the memo of appeal that prayer is made by 
the appellant to the effect that learned DRT may be directed to 
decide the interlocutory applications as well as S.A. expeditiously.  
Learned counsel for the appellant bank submits that there is an 

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interim order in the matter whereby appellant bank was 
permitted to conduct the auction sale, but the same is not to be 
confirmed. This order was passed on 05.01.2023 and auction 
purchaser deposited 25% of the bid amount on 06.01.2023.  
Thereafter two interim applications were filed by the appellant 
which are pending for disposal for one reason or the other. 
4.
Learned counsel for the OP submits that as far as factual 
aspects are concerned there is no dispute.  It is further submitted 
that pleadings are complete.  Matter may be disposed of by the 
learned DRT.  
5.
Having considered the submissions of the parties and 
perusing the records I found that since pleadings are complete 
before the learned DRT, let Presiding Officer DRT-I, Kolkata 
should decide the S.A. expeditiously, preferably within a period of 
six weeks from the date of receipt of the copy of the order. 
O R D E R
6.
Appeal is disposed of with the above observations.  No 
costs. 
File be consigned to record room.
Copy of the order be supplied to the appellant and the 
respondents and a copy be also forwarded to the concerned DRT. 
Copy of the judgement/Final Order be uploaded in the 
Tribunal’s website. 
Order dictated, signed and pronounced by me in the open 
Court on this the 21st   day of September, 2023. 
(Anil Kumar Srivastava, J)
Chairperson
Dated : 21.09.2023
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