Smt. Purabi Debbarma (Ghosh) And ... vs Tripura Gramin Bank And Others
2023 Latest Caselaw 603 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                             CRP No.37 of 2023
Smt. Purabi Debbarma (Ghosh) and others
                                                            .........Petitioner(s)
                                   Versus
Tripura Gramin Bank and others
                                                          .........Respondent(s)

For Petitioner(s) : Ms. K. Samajpaty, Advocate, Mr. Tanmay Debbarma, Advocate, Mr. Prabir Tripura, Advocate.

For Respondent(s) : Mr. P. Saha, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 08/08/2023

The instant petition seeks to challenge the judgment dated

21.06.2023 passed by the Debts Recovery Appellate Tribunal (DRAT),

Kolkata whereby the appeal preferred by the petitioners under Section 18 of

the SARFAESI Act, against the order dated 21.06.2019 of the learned DRT,

Guwahati, has been rejected.

Ms. K. Samajpaty, learned counsel for the petitioners, submits

that the respondent authorities have not complied with the requirement of

sixty days notice in terms of Rule 8(6) of the 2002 Rules. Apart from that, a

plea has been raised before the DRAT that the notice under Section 13(2) of

the SARFAESI Act was never served upon the borrower.

Mr. P. Saha, learned counsel for the respondents

No.1 to 3-Tripura Gramin Bank, enters appearance and undertakes to file

Vakalatnama today itself. As per his instructions, the property has been

auction sold and sale certificate has already been issued in favour of the

auction purchaser after exhaustion of all remedies by the petitioners who are

the legal heirs of the original borrower.

However, Mr. Saha, learned counsel for the respondents No.1

to 3, seeks time to file Counter Affidavit.

Learned counsel for the respondents-Bank is allowed four

weeks' time to do so. Matter be listed after five weeks (12.09.2023) so that

petitioners can file Rejoinder Affidavit in the meantime.

(APARESH KUMAR SINGH), CJ

Pijush MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.08.09 17:25:10 +05'30'