191090002852025_6cfd82ebfb2044f6f8c8e552991b7d65.pdf

Reportable/Non-Reportable
                                           
      
        Misc. Appeal No.25 of   2025 -DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT 
KOLKATA
 HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
               CHAIRPERSON
 Misc. Appeal No. 25 of 2025
       (Arising out of I.A. No. 762 of 2025 in SA No. 1057 of  2024 
in DRT-3, Kolkata) 
1.
The Authorised Officer, AU Small Finance Bank Limited. 
56A, Stephen House, Hemanta Basu Sarani, Dalhousie 
Branch, Kolkata 700 001. 
2.
AU Small Finance Bank Limited. 56A, Stephen House, 
Hemanta Basu Sarani, Dalhousie Branch, Kolkata 700
001. 
    .…Appellant
-Versus-
1. 
M/s. Star International, 5th  Floor, Martinburn Building, 1, R.N.
Mukherjee Road, OPP. Laibazar Police Head Quarters, Kolkata 
700001. 
2.
Mr. Binay Chaudhary,  Khaitan Mansion, 4th Floor, 40 Nimtala 
Ghat Street, Block-D, near Gyan Bharati School, Police Station 
Jora Bagan, Post Office- Beadon Street, Kolkata -700006.
3.
Mrs. Rima Chaudhary, Khaitan Mansion, 4th  floor, 40 Nimtala 
Ghat Street, Block-D, Near Gyan Bharati School, P.S.-Jora 
Bagan, P.O.-Beadon Street, Kolkata- 700006.
4.
Mr. Sant Lal Agarwala,  Flat no. 8D. Block C, Ideal Tower, 57,
Diamond Harbour Road, OPP. CMRI Khidderpore, Kolkata-
700023.
5.
Mr. Hrishikesh Agarwala, Flat no. 8D. Block C, Ideal Tower, 57,
Diamond Harbour Road, OPP. CMRI Khidderpore, Kolkata-
700023.
6.
Mrs. Veenita Kanoria (alias Ms. Veenita Agarwala), Flat no. 8D. 
Block C, Ideal Tower, 57, Diamond Harbour Road, OPP. CMRI 
Khidderpore, Kolkata-700023.
7.
Mr. Devanand Agarwala, Flat no. 8D. Block C, Ideal Tower, 57,

2
      
  . Misc. Appeal No.25 of 2025-DRAT-Kolkata  
Diamond 
Harbour 
Road, 
OPP. 
CMRI 
Khidderpore, 
P.S. – 
Ekbalpur, Kolkata-700023.
      
                ….Respondents
    
8.
Sri Arvind Didwania, North Spring Complex, 8, M.M. Feeder
Road, Kamarhati (Municipality), P.O. Ariadaha, Dist-North 24 
Parganas, Kolkata – 700057.
                                                   ………Proforma Respondent
Counsel for Appellants     
Mr. Pankaj Kumar Mukherjee 
with 
Mr. 
Sayak 
Ranjan
Ganguly 
and 
Ms. 
Chaitali
Acharjee  
Counsel for Respondents   
Mr. Nemani Srinivas with Mr. 
Sanjib Das and Ms. Moumita 
Roy, Respondents No. 1 to 7.
Mr. Lord Chatterjee with Ms. 
Madhuparna Chakraborty and
Ms. 
Alisha 
Kar 
for 
Respondent No. 8. 
JUDGMENT                         
:   
  2nd  September, 2025
THE APPELLATE TRIBUNAL : 
Instant Appeal has been preferred against an order 
dated 18.02.2025 passed by Learned DRT-3 Kolkata in SA 
No. 1057 of 2024 (Star International Ltd. & Ors. vs. AU 
Small Finance Bank Ltd. & Ors.), whereby Learned DRT 
allowed the I.A. No. 762 of 2025 and directed the Appellant 
Bank not to take any coercive steps in respect of the 
secured property without the leave of the Tribunal till the 
next date of hearing.  It was further held that the impugned 
order dated 21.01.2025 passed by Learned Chief Judicial 
Magistrate, Alipore suffers from illegalities and irregularities.    

3
      
  . Misc. Appeal No.25 of 2025-DRAT-Kolkata  
2.
I have heard the Learned Counsel for the parties and 
perused the records.  
3.
As would appear from the pleadings, the I.A. No. 762 
of 2025 was filed in pending S.A. No. 1057 of 2024 
challenging the order dated 21.01.2025 passed by Learned 
CJM Alipore on the ground that it does not fulfill the 
requirements of Section 14 of the SARFAESI Act, 2002.  A 
further ground is taken that initial order dated 29.11.2024 
passed in Miscellaneous case number 398 of 2024 was not 
passed in the present case.  Rather that order was passed in 
some other case (AU Small Finance Bank versus Partha 
Pratim Das and others) while the impugned order is passed 
in continuation of the same order which is illegal per se.
4.
Learned DRT held that the cause title of the 
Miscellaneous case No. 398 of 2024 is (AU Small Finance 
Bank versus M/s Star International Ltd.) while the order 
dated 29.11.2024 was passed in Misce

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