Tripura High Court
Mr. S.M. Chakraborty vs Mr. D. Sharma on 10 January, 2022
HIGH COURT OF TRIPURA
AGARTALA
Review Pet.40 of 2021
For Petitioner(s) : Mr. S.M. Chakraborty, Sr. Adv.
Ms. A. Pal, Adv.
For Respondent(s) : Mr. D. Sharma, Addl. G.A.
HON'BLE MR. JUSTICE S. TALAPATRA
Order
10/01/2022
Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Ms.
A. Pal, learned counsel appearing for the review petitioners.
This is a petition for review of the judgment and order dated
02.02.2021.
Mr. Chakraborty, learned senior counsel has asserted that the review
petitioner was not party in the proceeding being WP(C)No.154 of 2020. She was
not heard, when the said judgment was passed. Apart that, Mr. Chakraborty,
learned senior counsel has submitted that the finality of the title still sub-judicial in
the Debt Recovery Appellate Tribunal at Kolkata. In the connected Misc. App.
being I.A. 483 of 2019, the appellate tribunal has passed the order, inter alia:
As per the borrowers it is with them whereas the bank submits
that it has been handed over to the Auction Purchaser. But this
issue will be decided in final hearing of the appeal. However, to
avoid any future complications in the matter and considering
prima facie substances in the arguments, I deem it appropriate to
direct the parties of this appeal to maintain the status quo qua
the possession of the property in question as it exists on today
(01.09.2021). The bank will not take any further action till the
next date of hearing. In the meantime, the bank may file detailed
affidavit in opposition with advance copy to the counsel for the
appellant."
In terms of the above, the said miscellaneous application was
disposed of.
Mr. Chakraborty, learned senior counsel has apprised this Court that
the appeal is yet to be taken up for final hearing. In the judgment which has been
sought to be reviewed, the following direction has been made :
"Hence, the respondent No.3 having denied to act upon it for
purpose of mutation as provided under Section 46 of the TLR &
LR Act has acted illegally. As such, the respondent No.3 is
directed by this court to mutate the name of the petitioner in the
records of right following the procedure under Section 46 of the
TLR & LR Act without further delay."
The petitioner in that writ petition was the auction purchaser namely
Sri Mantosh Deb. But he did not make the review petitioner a party who is the
debtor and as such, according to Mr. Chakraborty, learned senior counsel those
facts could not be brought before this Court.
Admit.
Issue Notice.
Notice is made returnable on 07.02.2022.
Since Mr. D. Sharma, learned Addl. G.A. appears and waives notice
for the respondents No.2, 3 and 4, no formal notice is called for in respect of
those respondents. However, the petitioners shall take steps for service of notice
on the respondent No.1 by registered post with AD within three days from today.
In the meanwhile, the mutation proceeding shall not be carried
forward and no final decision shall be passed.
A copy of this order be supplied to Mr. D. Sharma, learned Addl. G.A.
in the course of the day.
JUDGE
Sabyasachi B
