191090109132018_b9d1ac792cde27f12b483d417c1ad847.pdf

Reportable/Non-Reportable
                                           
      
  
       Appeal No. 126 of 2018-DRAT-Kolkata
         IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                                 Appeal No. 126 of 2018
      (Arising out of M.A. 1198 of 2017 in S.A. 19 of 2016 in DRT, Cuttack)
  
       HON’BLE MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
Ram Niwas Agarwal, Son of Late Tarachand Agarwal, At-Plot No.1036, 
Mahanadi 
Vihar, 
P.O. 
- 
Nayabazar, 
P.S. 
Chauliaganj, 
District -  Cuttack – 753 004, Odisha.
                
           
 … Appellant
-Versus-
   
1.
Authorised Officer, Punjab National Bank,  Bhubaneswar Branch, 
Bhubaneswar District - Khurda;
2.
Punjab National Bank,  represented through its Branch Manager, 
Nayabazar 
Branch, 
At/P.O.- 
Nayabazar,
Town/District – Cuttack -753 004, Odisha;
     
3. 
M/s Mahabali Alloys Private Limited, Regd. Office at - Piligrim Road, 
College Square, Town/District – Cuttack – 753 003, Odisha;
4.
Sri Koushik Mohanty, Son of Braja Bihari Mohanty, At Tapaswinee, Plot 
No. 252/3318, Gangadhar Meher Marg, Bhubaneswar-751 024,
District - Khurda, Odisha;
5. 
Sri Abhinash Mohanty, Son of Abheda Nanda Mohanty, At Plot No.556, 
Lewis Road, BJB Nagar, Bhubaneswar – 751 014, District - Khurda, 
Odisha;
6. 
Sri Anshuman Samantaray. Son of Brajaraj Samantaray, At-Plot No. 
4912 (P), 
In 
front 
of-EA-50, 
Badagada 
Brit 
Colony,
Bhubaneswar – 751 018 District - Khurda, Odisha;
7. 
Sri Bidubhusan Nayak, Son of Bishnu Charan Nayak, At Duplex-15, 
Ratna 
Niwas, 
Brahmeswarpatna, 
Bhubaneswar 
– 
751 
018, 
District - Khurda, Odisha;
8.
 Deepak Kumar Agarwal, Son of Sri Ram Niwas Agarwal, Resident of 
Plot 
No. 1036, Mahanadi Vihar, P.O. Nayabazar, P.S. Chauliaganj, 
Town/District -  Cuttack;
9. 
Dinesh Agarwal, Son of Sri Bansidhar Agarwal, Resident of Plot No.
1037, 
Mahanadi 
Vihar, 
P.O. 
Nayabazar, 
P.S. 
Chauliaganj,
Town/District -  Cuttack.
                
        
      … Respondents
Counsel for Appellant     
 …   
Mr. Dipanjan Datta
Mr. Subhajit Chowdhury

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    Appeal No. 126 of 2018-DRAT-Kolkata
Counsel for Respondents No. 1 & 2/Bank 
 …   
Mr. Omkar Ganguly
JUDGMENT                         
:   
 11th August, 2025
THE APPELLATE TRIBUNAL: 
1.
Instant appeal is preferred against the order dated 
22.01.2018 passed by the Learned DRT, Cuttack in M.A. 
1198 of 2017, arising out of S.A. 19 of 2016 dated 
22.01.2018 (Ram Niwas Agarwal -vs- United Bank of India), 
whereby Learned DRT refused to maintain the status quo as 
prayed for by the Appellant.
2.
Heard the Learned Counsel for Appellant as well as 
Respondent Bank and perused the record. 
3.
S.A. 19 of 2016 was filed by the Appellant challenging 
the Demand Notice dated 15.12.2015 and Possession Notice 
dated 26.2.2016. Interim relief for maintaining status quo 
was sought for.
4.
Learned Counsel for Respondent Bank submits that the 
property in question was already sold through a public 
auction. Entire auction amount is deposited and Sale 
Certificate issued on 27.10.2017 and possession is also 
handed over. Deed of Conveyance was executed on 
10.11.2017. Appellant is not having any legal right. 
5.
It would appear from the impugned order that earlier a 
similar petition was moved by the Appellant for maintaining 
status quo which was dismissed by the Learned DRT.  
Learned DRT recorded a finding that no prima facie case is 
made out against the Bank or the Auction Purchaser in 
favour of the Appellant.

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    Appeal No. 126 of 2018-DRAT-Kolkata
6.
As far as the impugned order is concerned, reasons are 
assigned by the Learned DRT for arriving at the conclusion.  
The issue of cause of action is to be looked into by the 
Learned DRT in the pending S.A. 19 of 2016 as to whether 
the Appellant has got any cause of action in his favour or 
not; whether Appellant has a right or not.  
7.
As far as right of the Auction Purchaser is concerned, 
he was impleaded as Respondent i

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