191090004342019_5ff45041ac63b7be8fa269ced270b8ea.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
      (Appeal No. 34 of 2024)
(Arising out of S.A. No. 110 of 2019 in DRT-2 Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
1. Bivas Garu son of Shri Joydev Garu, village -Paobanki, P.O.- 
Panskura, Police Station – Panskura, District – Purba Medinipur, Pin 
code -721139.
                                                                                 …Appellants
                                  -Versus-
1. Authorised Officer, Punjab National Bank, Purba Medinipur, Regional 
Office. Mecheda-Haldia State Highway, Pudumbasan, P.O.- Tamluk, 
District -Purba Medinipur, Pin Code -721636.
2.  The Branch Manager, Punjab National Bank, Purba Medinipur, Mecheda-
Haldia State Highway, Pudumbasan, P.O.- Tamluk, District -Purba 
Medinipur, Pin Code -721636.
                      …  Respondents
Counsel for the parties
Mr. Nimish Mishra, 
Learned Counsel Mr. Abir 
Mondal,  Learned Counsel 
for the Appellant
Mr. Debasish 
Chakrabarty, 
Learned Counsel Ms. 
Sharmistha Pal, 
Learned Counsel  for 
the Respondent.
 
JUDGMENT                         
:   
On   1st April, 2024  
THE APPELLATE TRIBUNAL :           
                

2
Compliance of the order dated 10th January, 2024 is 
made.  Accordingly, let the Appeal be admitted by providing 
a regular appeal number.
Heard the Learned Counsel for the parties and perused 
the record.  Appellant is aggrieved by the impugned order 
dated 28.08.2019 whereby the Learned DRT dismissed the 
SA application being infructuous.
Learned Counsel for the Appellant would submit that 
Appellant filed an application under Section 17 of the 
SARFAESI Act challenging the sale notice.  On the very 3rd 
day of filing of the application merely on the basis of the 
statement of Learned Counsel for the Bank that property has 
been sold, SARFAESI application was dismissed being 
infructuous.
As far as contentions raised by the SARFAESI applicant 
in the SARFAESI Application are concerned, that have to be 
looked into by the Learned DRT.  Whether the sale notice 
was bad in law or not, a categorical finding has to be 
recorded.  Without going into the merits of the matter 
simply holding the SARFAESI application infructuous is an 
order which could not be sustained.  Accordingly, impugned 
order is set aside.
ORDER
Appeal is allowed.  Impugned order dated 28.08.2019 
is set aside.  The matter is remanded back to the Learned 
DRT to decide it afresh after affording an opportunity of 
hearing to the parties in accordance with law.  Learned 

3
Counsel for the Appellant submits that amount deposited as 
pre-deposit may be refunded to the Appellant.  Accordingly, 
Registry is directed to refund the amount of pre- deposit in 
accordance with law.
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.
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 1st   day of April, 2024.
                                                     
                         (Anil Kumar Srivastava,J)
                   Chairperson 
Dated:  1st April, 2024
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