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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA,
CHAIRPERSON
Order No.08
05.04.2024
Misc. Appeal No. 08 of 2024
Ms. Rakhi Karmakar (Mallick) residing at Matharangi, Jana Para, Titagarh,
Teleni Para (ct), Nilganj Bazar, North 24 Parganas, PIN 700054.
... Appellant
--Vs--
State Bank of India, SMECCC, Bidhannagar, 4 th floor, 1/16, VIP Road, PS
Bidhannagar, PIN 700054.
... Respondent
For the appellants : Ms. Shraboni Sarkar, ld. adv.
For the respondents: Ms. Subhasree Dey, ld. adv.
Mr. P. Nath, ld. adv.
THE APPELLATE TRIBUNAL :
Instant Miscellaneous Appeal No. 08 of 2024 has arisen against the order dated
11.07.2023 passed by learned DRT-III,
Kolkata in O.A. No. 260 of 2021 (State Bank of India Vs. Rakhi Karmakar)
whereby learned DRT has issued a summon in the O.A. proceeding directing the
defendant to file written statement with an affidavit disclosing the nature of
security and personal belongings other than security. Consequent thereto an
interim order was passed restraining defendant from alienating and disposing of or
creating any third-party interest in respect of the properties described in Para 3(a)
and 3(b) of the application and
Receiver was appointed to visit the premises of the defendant and
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make inventory of the stocks and assets and submit report before learned DRT.
Feeling aggrieved, appellant preferred the instant appeal.
Learned counsel for the appellant submits that appellant is aggrieved by the
impugned order as the I.A. filed by the bank before the DRT was not properly
served upon the appellant, thereby appellant was not given opportunity to oppose
the I.A.
Per contra, learned counsel for the respondent bank would submit that I.A.
was duly served upon the appellant. Further, impugned order was passed in
accordance with law.
Heard learned counsel for the parties and perused the records.
Sub-section 4 of Section 19 of the Recovery of Debts &
Bankruptcy Act, 1993 reads as under :
19(4) On receipt of application under sub-section (1) or subsection (2), the
Tribunal shall issue summons with following directions to the defendant-
(i)to show cause within thirty days of the service of summons as to why relief
prayed for should not be granted;
(ii)direct the defendant to disclose particulars of properties or assets other than
properties and assets specified by the applicant under clauses (a) and (b) of sub-
section (3A); and
(iii)to restrain the defendant from dealing with or disposing of such assets and
properties disclosed under clause (c) of subsection (3A) pending the hearing and
disposal of the application for attachment of properties.
Bare perusal of the provisions of the Act will show that learned DRT while
issuing summon has also restrained the defendant from alienating or disposing of
the assets disclosed in the O.A. and not to create any third-party interest in respect
properties pending hearing of the attachment application.
As far as impugned order is concerned an opportunity was given to the
appellant to disclose her assets and personal belongings as well as nature of
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security, but the same was not complied by the appellant. Even on the date of
hearing appellant was not present. Further, appellant was restrained by the learned
DRT from alienating or disposing of the property. Receiver was appointed to make
inventory of assets and submit reports.
As far as service of the I.A. is concerned it was duly served upon the
appellant. Appellant had an opportunity to file objection before the learned DRT
which was not filed, rather appeal is filed on the ground of non-service of the I.A.
This is not a ground to set aside the impugned order. Accordingly, instant appeal
lacks merit and is liable to be dismissed.
ORDER
Misc. Appl No. 08 of 2024is dismissed. Appellant will be at liberty to raise
all the grounds before the learned DRT. No costs.
File be consigned to record room.
Copy of the judgement and order be supplied to the
appellant and the respondents bank and a copy be also forwarded to the concerned
DRT forthwith.
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
5th day of April, 2024.
(Anil Kumar Srivastava, J) Chairperson
Dated : 05.04.2024
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