191090002252024_0cd0ebf6c5e101d0a320a7abcb06a454.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                        
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
Misc. Appeal Diary No. 225 of 2024
           (Arising out of S.A. 605 of 2023 in DRT-III, Kolkata)
Order No. 02
19.3.2024 
Mrs. Saswati Gupta    … Appellant
           -Vs- 
The Authorised Officer, Indian
Bank & 3 Others  …  Respondents
Mr. Supratip Saha with Mr. Balaji 
Chakraborty, 
Mr. 
Narayan
Chandra Das and Mr. Surya Brata 
Chakraborty, Learned Counsel for 
the Appellant
THE APPELLATE TRIBUNAL :
For Admission
Heard the Learned Counsel for Appellant and perused 
the record.
 
 Instant Misc. Appeal has been preferred against order 
dated 9.2.2024 passed by Learned DRT-III, Kolkata in    
S.A. 605 of 2023 whereby Learned DRT observed that the 
issue of maintainability of the S.A. is to be decided first, 
thereafter, it may be heard on merits.
Learned Counsel for Appellant would submit that an 
order passed by the District Magistrate is already in force.  
S.A. is pending for a quite long time.  All the I.A.s have been 
disposed of. Learned Counsel submits that the order of the 
District Magistrate is liable to be set aside otherwise the S.A. 
would become infructuous.

2
The impugned order would show that an issue of 
maintainability was raised on the point that the Appellant 
has no locus standi to challenge the action taken by the 
District Magistrate. Further there is a ground about 
deficiency of fee to file the S.A. Learned DRT has not 
disposed of the S.A. and refused to grant interim order 
rather passed an order to hear the matter firstly on the point 
of maintainability which order does not suffer from any 
illegality. Learned DRT has rightly observed that the issue of 
maintainability is to be decided first as to whether the 
Appellant has any locus standi or not?
Having considered the submission on the basis of the 
discussion made above, I am of the view that the impugned 
order does not call for any interference. Appeal is liable to 
be dismissed. Accordingly, appeal is dismissed in limine at 
the admission state.
Copy of the order be supplied to Appellant and the 
Respondents and a copy be also forwarded to the concerned 
DRT.
File be consigned to Record room.
Order dictated and pronounced in open Court.
 
                     (Anil Kumar Srivastava,J)
                   Chairperson 
Dated 19th March, 2024
03/ac