Tribunals and CommissionsSingle Bench(2026) 05 DRAT CK 2948

Uttam Majumder vs M/s. K. Roy and Company & Ors.

Debts Recovery Appellate Tribunal, Kolkata · Decided on 7 May 2026

HON’BLE JUDGES
Anil Kumar Srivastava, J
CASE NUMBER
Misc. Application Dy. No. 447 of 2026 (Arising out of I.A. No. 790 of 2025 in S.A. No. 113 of 2025 in DRT-II, Kolkata)

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Judgment

9 paragraphs · 312 words

Heard the Learned Counsel for the Applicant and perused the records.

2.

Instant Application is moved under Section 17(6) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for a direction to the Learned DRT-2 Kolkata for expeditious disposal of the pending I.A. No. 790 of 2025 in S.A. No. 113 of 2025.

3.

Learned Counsel for the Applicant would submit that Applicant is an auction purchaser who was the highest bidder in the auction conducted by the Bank. He availed the loan and deposited the total amount of Rs.1,11,10,000/. Now he is also pressing for refund of the amount. But since the I.A. is pending, hearing of the Application could not be made by the Learned DRT. Accordingly, a direction may be issued for expeditious disposal of the I.A.

4.

Learned DRT-II Kolkata is already holding the additional charge to DRT-3 Kolkata as no Presiding Officer is posted in DRT-3 Kolkata. Pendency in both the DRTs is too much. Although Learned DRT-II Kolkata is taking up the matters including the put up matters on a regular basis. But since this matter is of 2025, there could not be any ground for a direction for expeditious disposal of the matter. Accordingly, Application being Misc. Application Dy. No. 447 of 2026 is devoid of merits and is liable to be dismissed.

ORDER

Misc. Application Dy. No. 447 of 2026 is dismissed. However, if the Bank sought for any adjournment on the date fixed, Learned DRT -II Kolkata, if found the ground sufficient may grant a very short adjournment and would be at liberty to pass appropriate orders in accordance with law.

File be consigned to record room.

Copy of the judgement/final Order be uploaded in the Tribunal's website.

Order dictated, signed and pronounced by me in the open Court on this the 7th day of May, 2026.