Calcutta High Court (Appellete Side)
Sri Bivas De vs Hdfc Bank Limited on 7 January, 2020
Author: Shampa Sarkar
Bench: Shampa Sarkar
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07.01.2020
srm
C.O. No. 40 of 2020
Sri Bivas De
Vs.
HDFC Bank Limited
Mr. Saptangshu Basu,
Mr. Kumar Jyoti Tewari,
Mr. Prantik Ghosh,
Mr. Saaket Sharma
...for the Petitioner.
Mr. Ashok Dhandhania,
Ms. Mekhala Kanji,
Mr. Shamit Sanyal,
Mr. Debasish Karmakar
...for the Respondent.
The borrower in O.A. Case No.475 of 2019 has preferred this revisional application being aggrieved by an order dated December 6, 2019 by which an ex parte order was passed by the learned Debts Recovery Tribunal‐I, Kolkata, appointing the Senior Manager (Legal) and Manager (Legal) of the HDFC Bank as the Joint Receivers to inspect and seize the vehicle, if necessary, with police assistance.
It is urged by Mr. Basu, learned Senior Advocate appearing on behalf of the petitioner, that the said order was an unreasoned one and the learned Tribunal without recording its satisfaction as to the necessity to pass an interim order, ex parte, for protection of the vehicle could not 2 have passed the said order. According to Mr. Basu, the learned Tribunal ought to have recorded reasons as to why an ex parte interim protection was necessary for the protection of the property/vehicle. Likelihood of any damage, injury or waste of the said vehicle has not been discussed by the learned Tribunal. Mr. Basu further submits that this Court has jurisdiction to entertain the said revisional application in view of the fact that the Debts Recovery Appellate Tribunal at Kolkata is not sitting at the moment.
Mr. Dhandhania, learned Senior Advocate appearing on behalf of the opposite party/Bank, submits that the learned Debts Recovery Appellate Tribunal will be available from January 13, 2020 to January 17, 2020.
In view of the submission of Mr. Dhandhani, in my opinion, the petitioner should be granted liberty to challenge the said order before the learned Debts Recovery Appellate Tribunal. Such appeal is to be filed within the next date when the learned Appellate Tribunal sits, upon serving a copy to the Bank. The learned Appellate Tribunal is requested to entertain the application and pass necessary orders during the next sitting of the learned Appellate Tribunal, in accordance with law and on its own merits.
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In the meantime, as an arguable case has been made out by Mr. Basu, the Joint Receivers shall be restrained from taking any steps in terms of the order dated December 6, 2019 till further orders are passed by the learned Debts Recovery Appellate Tribunal.
The observations made herein are only for the disposal of the revisional application and the learned Appellate Tribunal shall not be influenced by such observations and shall decide the appeal on its own merits.
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.
(Shampa Sarkar, J.)