Calcutta High Court (Appellete Side)
Balai Chand Basak vs Canara Bank And Others on 30 August, 2018
1 S/l. 30.08.
64. Bpg 2018 In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.2934 of 2018 Balai Chand Basak Versus Canara Bank and others Mr. R. R. Mitra, Ms. Sanandity Chakraverty, Mr. Saswata Ganguly.
...for the petitioner.
It is submitted by learned counsel for the petitioner that, by virtue of the impugned order dated June 13, 2018, the Recovery Officer proceeded for the purpose of taking possession in respect of 243.77 sq. mt. of property, whereas the secured property comprised of a room measuring about 243.77 sq.ft. It is further submitted that by virtue of such error, property beyond the secured room was sought to be recovered from the petitioner, de hors the law.
It is also submitted that, due to absence of any Presiding Officer in the concerned Tribunal to 2 entertain a challenge against such an order, the petitioner is compelled to move this Court, having no other alternative forum. The matter is entertained under such compelling circumstances.
It appears that the error alleged is of a clerical/mathematical nature; as such, it would be appropriate for the petitioner to approach the Recovery Officer himself for rectification of such error. However, it is apprehended by the petitioner that the Recovery Officer will proceed to take possession immediately, thereby rendering the present exercise infructuous.
Accordingly, in view of such exigent circumstances, C.O. No.2934 of 2018 is disposed of by directing the Recovery Officer, Kolkata Debts Recovery Tribunal-III to decide on any application for rectification of the error as indicated above, if filed by the present petitioner by tomorrow, that is, August 31, 2018 before the said Recovery Officer prior to proceeding further with RP/28/16 pending before him. In the event the petitioner does not file such an application within August 31, 2018, this order will stand automatically revoked without further reference to this Court. It is made clear that the revisional application is disposed of 3 ex parte in view of the innocuous nature of the order passed.
There will be no order as to costs.
(Sabyasachi Bhattacharyya, J. )