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Judgment
THE APPELLATE TRIBUNAL :
Heard learned counsel for the appellant. Mr. Ajit Keshri, ld. Adv., appearing for respondent no.1, 2 and 3 submits that he has put in appearance on instruction in this appeal. He further submits that he has also appeared before the learned DRT-I Kolkata for the respondent no.1,2 and 3 in the S.A. 151 of 2018.
Since instant appeal is filed on 01.07.2026 for expeditious disposal of the pending S.A. No. 151 of 2018 along with all pending I.A.s, keeping in view to the relief sought for in this appeal, I do not find it necessary to issue notice to respondent no.4.
Learned counsel for the appellant would submit that securitization application was filed in the year 2018 and an interim order was passed by the learned DRT on 13.04.2022 not to take any coercive steps regarding taking over physical possession in terms of the order dated 1012.2019 passed by the District Magistrate, South 24 Parganas. Another interim order was also passed on 19.06.2019 not to take any coercive action against the mortgaged property till disposal of I.A. 193 of 2019. It is further submitted that since filing of the S.A. in 2018, no effective hearing took place and matter was listed on different dates, but in most of the dates matter could not be taken up by the learned DRT due to one or the other reasons. Learned counsel for appellant would further submit that since appellant bank is suffering from interim order, they are praying for disposal of the securitization application in accordance with law expeditiously.
Learned counsel for respondent No.1, 2 and 3 has drawn attention towards the order dated 08.06.2026 wherein learned DRT adjourned the matter to 29.06.2026 at 2-30PM for special hearing with direction that no other matter will be fixed on that day at 2-30PM. However, learned DRT could not take up the matter on that date and the matter was adjourned to 10.08.2026.
Having gone through the records, we find that securitization application was filed in the year 2018 and the matter was listed on different dates and on 08.06.2026 matter was adjourned to 29.06.2026 fixing specific time for hearing, but hearing could not be done. Interim order passed by the DRT is still in force. It is expected that the S.A., which is pending since 2018, should have been taken up for hearing on priority basis and should have been disposed of by the learned DRT. Since hearing of the S.A could not be done, I find it appropriate that direction be issued to learned DRT to decide the S.A. expeditiously in accordance with law.
O R D E R
Miscellaneous application Dy. No. 685 of 2026 is allowed with direction to the learned DRT to take up the matter on the date fixed on 10.08.2026. It is further directed that the matter should not be adjourned on the date fixed. If in any case matter is to be adjourned shortest possible date should be given for hearing. It is expected that learned DRT should thereafter decided the S.A. along with all pending I.A.s as expeditiously as possible in accordance with law after affording opportunity of hearing to the parties.
File be consigned to record room. Copy of the Order be uploaded in the Tribunal’s website. Order dictated, signed and pronounced by me in the open Court on this the 13th day of July, 2026.