Partha Banerjee vs State Bank Of India & Anr

Shampa Sarkar, J

This application has been filed by a borrower being aggrieved by an order dated November 20, 2019 passed by the learned Presiding Officer, Debt Recovery Tribunal‐I, Kolkata in SARFAESI Case No.59 of 2019.

The contention of the petitioner is that the learned Tribunal, despite directions of this Court by an order dated September 27, 2019, has failed to dispose of the applications for addition of party and the application under Section 340 of the Code of Criminal Procedure within the time limit fixed by the High Court. It appears that several adjournments have been prayed for by the Bank and the reply of the Bank to the applications were not filed. It appears that the matter has been fixed on December 4, 2019.

Learned Advocate for the Bank is present in Court and submits that if the petitioner is aggrieved by the order dated November 20, 2019, the appropriate course of action would be to file an appeal before the learned Debt Recovery Appellate Tribunal.

Having gone through the impugned order, it appears that the learned Tribunal was already directed by this Court to dispose of the pending applications expeditiously, without allowing unnecessary adjournments. Clearly, the opposite party/Bank has not yet filed its reply to the applications. This Court, in exercise of its general power of superintendence, feels that justice would be sub‐served if the learned Tribunal is directed to hear out the pending applications, as directed by this Court on earlier occasion, within the next date fixed without allowing unnecessary adjournments to the opposite party/Bank. The opposite party/Bank should file its reply to the connected applications within the next date fixed, if not done already.

With regard to the prayer of the petitioner for grant of an order of status quo with regard to the property in question and restraining alienation thereof, this Court sitting in this jurisdiction is not in a position to decide the said prayer. The petitioner will be at liberty to renew such prayer before the learned Tribunal by filing an application at the appropriate stage upon serving a copy of the said application to the opposite party/Bank.

This revisional application is, thus, disposed of.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.