SUMAN BHATTACHARYYA Vs. INDIAN BANK
HIGH COURT OF CALCUTTA
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HIRANMAY BHATTACHARYYA, J. -
(1.)The petitioner has preferred the instant application under Article 227 of the Constitution of India challenging an order dated August 10, 2021 passed by the learned Chairperson, Debts Recovery Appellate Tribunal, Allahabad being the Chairperson-in-Charge of Debts Recovery Tribunal, Kolkata in Transfer Petition no. 1/2021/35 arising out of SA/539/2018 of DRT-3, Kolkata.
(2.)The petitioner being the borrower filed SA/539/2018 before the Debts Recovery Tribunal III challenging the proceedings initiated by the Bank under the SARFAESI Act. In connection with such proceeding the petitioner filed some interlocutory applications. The learned Tribunal by an order dated March 26, 2021 dismissed the SARFAESI application. Consequently, the interlocutory applications were also disposed of.
(3.)Challenging the procedure adopted by the learned Tribunal while dismissing the SARFAESI application, the petitioner filed an application under Article 227 of the Constitution of India which was registered as CO 923 of 2021. The said Civil Order was disposed of by setting aside the order dated March 26, 2021 passed by the learned Tribunal in SA No. 539 of 2018.
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