ADITYA CONSTRUCTIONS Vs. DEBTS RECOVERY APPELLATE TRIBUNAL KOLKATA

JUDGEMENT

(1.) The petitioner in both these Writ Petitions is a Borrower who availed credit facilities from the respondent No.3 - Union Bank of India (formerly Andhra Bank) of about Rs.10.50 crores by mortgaging an asset which was put to auction by the respondent No.3-Bank. The petitioner has filed these Writ Petitions challenging the Common Judgment passed by the Debts Recovery Appellate Tribunal at Kolkata ('DRAT') on 4/8/2025 reverting an order passed by the Debts Recovery Tribunal-II at Hyderabad ('DRT') on 30/1/2023. The impugned Common Judgment was passed in two Appeals (viz., Appeal Nos.76 of 2023 and 40 of 2023) filed by the respondent No.3-Bank and the respondent No.5-Auction Purchaser, respectively, from the order passed by the DRT on 30/1/2023.

(2.) A detailed timeline of the relevant events is stated below for a better understanding of the facts leading to the impugned Common Judgment passed by the DRAT. 17/5/2017 The loan account of the writ petitioner was classified as a Non-Performing Asset.

(3.) Learned Senior Counsel appearing for the writ petitioner, the respondent No.3-Bank and the respondent No.5-Auction Purchaser, have made their respective submissions on the impugned Common Judgment passed by the DRAT.