BISWAJIT BASU
Dhanlaxmi Bank Limited – Appellant
Versus
Emerald Mineral Exim Limited – Respondent
JUDGMENT :
(Via Video Conference)
1. The revisional application under Article 227 of the Constitution of India is directed against the order dated February 14, 2018 passed by the Debts Recovery Appellate Tribunal at Kolkata in Appeal No. 80 of 2016, thereby affirming the order dated September 20, 2016 passed by the Debts Recovery Tribunal-III in OA No. 104 of 2016.
2. The facts relevant to address the issue involved in the present revisional application are thus, the opposite party no. 1 has borrowed money from the petitioner to purchase the suit property. The opposite party no. 6 is the builder of the suit property and the loan amount was disbursed through the opposite party no. 6.
3. A quadripartite agreement was entered into by and between the parties on June 29, 2011. The opposite party no. 1 and 6 in terms of the said agreement are obliged not to transfer and/or alienate the suit property without having previous written consent of the petitioner and/or without paying back the loan amount.
4. The petitioner alleging default in payment of the said loan has initiated a proceeding under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter r
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