the Applicant Bank (Axis Bank Ltd.) and the Intervenor Bank (Punjab National Bank) is set aside. 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 forw…

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal  No. 61 of 2018
(Arising out of TA No. 1526 of 2015 in DRT-3 Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
 CHAIRPERSON
Punjab National Bank, a body corporate constituted under the 
Banking companies (acquisition and Transfer of Undertakings) 
Act, 1970 having its Head Office at 7, Bhikhaji Cama Place, New 
Delhi 110 066 and carrying on business inter alia at 27 R.N. 
Tagore Road, Krishnanagar, Police Station Kotwali, Districts 
Nadia, Pin: 74110.
             …Appellants
                                  -Versus-
1.
Axis Bank Limited (previously known as UTI Bank Ltd.), a banking 
company registered under the Companies Act 1956 having its Central 
Office at Makers Towers F, 13th Floor, Cuffe Parade, Colaba, Mumbai 
400005 
and 
Registered 
Office 
at 
Trishul, 
3rd 
Floor, 
Opp. 
Samartheshwar Temple, Near Law Garden, Ellisbridge, Ahmedabad 
380006 inter alia carrying on business at Nabapally Branch, Sangam
Market (1st  Floor), Colony More, Barasat, PS Barasat, Kolkata 700126.
2.
Sutapa Pal Chowdhury, wife of Mr. Anirban Pal Chowdhury, of 20 M. M. 
Ghosh Street, Krishnanagar, Nadia 741101 West Bengal and at 12 
Banarasi Roy Road, Sonapatty, Goari, Krishnanagar 741101, District 
Nadia.
3.
Anirban Pal Chowdhury, son of Sri Amrita Ranjan Pal Chowdhury, 
proprietor of M/s. Anirban Pal Chowdhury at 20 M. M. Ghosh Street, 
Krishnanagar, Nadia 741101 West Bengal and at 12 Banarasi Roy 
Road, Sonapatty, Goari, Krishnanagar 741 101 District Nadia.
                      …  Respondent
Counsel for the Appellants
Ms. Aparajita Rao with
Ms. 
Ankana 
Basu,
Learned Advocate    
        Counsel for the Respondent
Mr. Ajit Kumar Mishra,
Learned Advocate 
JUDGMENT                         
:   
On   27th September, 2023

2
THE APPELLATE TRIBUNAL
Instant appeal has been preferred by the Appellant 
feeling aggrieved by an order dated 13.03.2018 passed by 
Learned DRT-3 Kolkata in TA No. 1526 of 2015.  
2.
As per the pleadings of the parties, Appellant Punjab 
National Bank sanctioned a housing loan to the Respondent 
No. 2 Anirban Pal Chowdhury and Respondent No. 3 Ms. 
Sutapa Pal Chowdhury for purchase of brickfield and land.  
The said land was mortgaged by Respondent No. 2 in favour 
of the Appellant on 10.02.2006.  When the amount was not 
repaid by the Respondents No. 2 and 3,  an O.A. No. 167 of 
2008 under Section 19 of Recovery of Debts and Bankruptcy 
Act, 1993 was filed by the Appellant before DRT-2 Kolkata 
against Respondent No. 2 and 3 for recovery of an amount 
of Rs. 10,24,086/- including interest upto 10.05.2008 along 
with pendente lite and future interest.  O.A. No. 167 of 2008 
was decreed in 2011.  Recovery proceedings being R.P. No. 
18 of 2011 were initiated.  The mortgaged property was also 
attached in the recovery proceedings.
3.
Pending recovery proceedings,  Respondent No. 1 Axis 
Bank appeared and filed an application claiming that the 
same property was mortgaged to them by the Respondent 
No. 2.  It is further submitted that SARFAESI action has 
been initiated by Respondent No. 1 against Respondent Nos. 
2 and 3.  The O.A. is also pending against Respondent Nos. 
2 and 3.    

3
4.
O.A, No. 268 of 2009 was filed by Respondent No. 1 
against Respondent Nos. 2 and 3 under Section 19 of the 
Recovery of Debts and Bankruptcy Act (hereinafter referred 
to as the Act).  It was transferred to the DRT-3 Kolkata in 
2015 and was re-numbered as T.A No. 1526 of 2015.  O.A. 
No. 268 of 2009 was also transferred to DRT-3 Kolkata.  An 
interim order restraining the Appellant in the Recovery 
proceedings was passed by DRT-2 Kolkata on 06.12.2012.  
Application was filed by the Appellant for vacating the same.  
On 10.01.2018, Appellant was added as a party in T.A. No. 
1527 of 2015.  Sale of the property was also permitted with 
the consent of Respondent No. 1.  On 13.03.2018, Learned 
DRT-3 Kolkata allowed the Recovery Officer of DRT-2 
Kolkata to proceed with th

…