Appeal No. 370 of 2013. Case: Central Bank of India and Ors. Vs Kakali Patra and Ors.. Calcutta DRAT DRAT Cases

Case NumberAppeal No. 370 of 2013
CounselFor Appellant: A. Rao, Advocate and For Respondents: P. Sil, Advocate
JudgesG. Rajasuria, J. (Chairman)
IssueSecuritisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 - Section 17; Transfer Of Property Act, 1882 - Section 53-A
CitationIII (2015) BC 96
Judgement DateJanuary 07, 2015
CourtCalcutta DRAT DRAT Cases


G. Rajasuria, J. (Chairman)

  1. A summation and summarization of the germane facts absolutely necessary for the disposal of this appeal would run thus--

    This appeal is focused as against the impugned order dated 2.9.2013 in SA No. 11 of2013 in allowing the SA filed by R/1, Kakli Patra herein. It was brought to my notice that pending SA filed by Kakali Patra challenging and impugning the sale notice for bringing the secured property for sale, the authorised officer proceeded with the sale under the SARFAESI Act. Since the Bank filed this appeal and the respondents were contesting the matter, I thought fit that the third party purchaser in the SARFAESI proceedings should also be informed about it for putting their views and accordingly the third party purchaser entered appearance and filed one application No. 266 of 2014.

    At the first instance this Tribunal after hearing all concerned passed the order dated 25.7.2014 holding that Kakal Patra had no locus standi to file the SA and as against the said order, the revision was filed before the Hon'ble Calcutta High Court in Civil Revision No. 2854 of 2014. Whether upon the said order was set aside and the matter was remanded back to the DRAT for deciding the matter as per law.

    Heard all concerned.

  2. The gist and kernel, the pith and marrow of the relevant facts for deciding this case would run thus--

    The Bank lent loan to R/2 and R/3 herein, and thereafter enhanced the loan limit from time-to-time. It is the case of the Bank that R/2 and R/3 being the owners of the immovable property situated at 107, Sagar Manna Road, P.O. Parnashree, Kolkata - 700060 mortgaged the property by deposit of title deed on 26.9.2001 in favour of the Bank. Subsequently the loan limit was enhanced from time-to-time and the mortgage also was extended to cover the enhanced limit. On seeing that the borrower did not repay the loan dues, action under SARFAESI Act was initiated and a sale notice was published. Whereupon the R/1, Kalkali Patra petitioned DRT invoking Section 17 of the SARFAESI Act challenging and impugning the action taken by the Bank only in respect of one flat in the said premises situated at 107, Sagar Manna Road, Kolkata - 700060. The learned Counsel for the Bank would also narrate that in that place there is a multi-storeyed building and the disputed flat is on the third floor of the premises. Pending litigation in SA filed by R/1, Kakli Patra the authorised Officer sold the entire building including the said disputed flat in favour of the third party purchaser namely Alka Trading.

  3. Learned Counsel for the R/1, Kakli Patra would pilot...

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