JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Debts Recovery Appellate Tribunal’s judgment and order dated 28.06.2019 passed in Appeal No. 177 of 2018, has been assailed in the present application. By the order impugned learned Appellate Tribunal has set aside the order dated 29.09.2016 passed by learned Debts Recovery Tribunal, Kolkata dated 26.02.2018, thereby remanding the matter to the Tribunal below to decide the SARFAESI application (SA) afresh.

2. Petitioners case in brief is that in 2005 he availed cash credit facility of Rs. 40,00,000/-from respondent no.1/bank. On 09.12.2014 as per the statement of account debit balance in loan account was Rs. 35,10,287.33/-which was under the total credit limit. Bank issued demand notice dated 02.02.2015 under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and claimed outstanding amount of Rs. 35,63,076.86/-as on 14.01.2015 plus further interest and cost charges. Petitioner made a representation on 29.07.2015 to the bank praying time for repayment, but the bank did not give reply to the same, though the bank under the law is bound to give reply to the represe