7 Shri Bihariji Cold Rollers ... vs State Bank Of India & Ors
2022 Latest Caselaw 2955 Cal

13     18.05.

AGM
/RKB
                                    C.O. 1134 of 2022
 Ct
07               Shri Bihariji Cold Rollers Private Limited & Ors.
                                         Vs
                            State Bank of India & Ors.


                Mr. Saptangshu Basu, Sr. Adv
                Mr. Arijit Bardhan,
                Mr. M. K. Gupta,
                                     ... For the petitioners.

                Mr. Om Narayan Rai,
                Mr. Debasish Chakraborty,
                                    ... For the opposite parties.


                     The      subject   matter    of   challenge    in    this

revisional application is against the judgment and

order dated 29th March, 2022, passed by the learned

Judge-in-Charge, Debts Recovery Tribunal -I, Kolkata

in S.A No. 205 of 2015.

Mr. Saptangshu Basu, learned senior advocate

for the petitioners/applicants submits that in the

court below, the matter was posted on 29th April,

2022, for an order in connection with an

interlocutory application, but suddenly, some times

in March, the entire proceeding has been dismissed

by the impugned judgment and order.

It is thus contended by Mr. Basu that there has

been error of jurisdiction committed by the Court

below in giving the decision of pending proceeding in

final form, keeping the interlocutory application

pending.

Mr. Basu, wants to prefer appeal or review, as

per his choice under the provisions of the law, so as

to challenge the order impugned in this case, and

proposes for granting some interim protection till the

date of filing such proposed application before the

Court concerned.

It is gathered knowledge from the submissions

disclosed by the learned advocate for the opposite

parties that three properties involved in the subject

under reference have already been sold, and some

other properties are yet to be sold.

Without going into the details, let there be an

order directing stay of operation of the impugned

judgment, dated 29th March, 2022 passed in S.A. No.

205 of 2015 of learned Judge-in-charge, Debts

Recovery Tribunal-I, Kolkata for a period of fifteen

(15) days from hence, simply to file the proposed

application, as per choice of petitioners, within such

time (15 days).

It is further clarified that if any such

application, as referred hereinbefore, is filed before

the Court concerned, with a prayer for stay, the same

may be decided afresh independently in accordance

with law, without being influenced by the order made

by this Court.

With this observation and direction, the

revisional application stands disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on usual

undertakings.

(Subhasis Dasgupta, J)