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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Siddhartha Mitra – Appellant
Versus
Punjab National Bank – Respondent
Judgment :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of a person claiming to be co-sharer in respect of an immovable property and is directed against an order dated July 24, 2025 passed by the learned Debts Recovery Appellate Tribunal at Kolkata in I.A. No.135 of 2025 filed in Appeal Diary No.216 of 2025.
2. By the order impugned, the application being I.A. No.135 of 2025 was disposed of directing the petitioner herein to make a pre-deposit of 50% of Rs.2,25,22,570/- within the time limit indicated in the said order.
3. The facts giving rise to this civil revision application in a nutshell is as follows:-
The petitioner filed an application under Article 226 of the Constitution of India in W.P.A. No.25352 of 2024 alleging that the petitioner being a co-sharer of the property could not be asked by the bank to hand over possession of the immovable property in the absence of any order passed against them.
4. A co-ordinate Bench in its order dated October 7, 2024 recorded that a copy of the order of the District Magistrate has been handed over by the learned advocate for the bank to the petitioner’s learned advocate on re
The court ruled on the interpretation of pre-deposit requirements for co-sharers under the SARFAESI Act, determining that the issue of limitation warrants fresh consideration by the Debts Recovery Tr....
Pre-deposit under Section 18 of the SARFAESI Act is a mandatory requirement for maintaining an appeal before the Appellate Tribunal, and it cannot be completely waived even in the face of financial h....
Point of law: High Court has no jurisdiction to entertain writ petitions under Article 226 of the Constitution of India, relating to matters coming under the purview of SARFAESI Act, 2002, where a st....
Non-borrowers cannot be subjected to pre-deposit requirements under Section 18 of the SARFAESI Act, confirming strict adherence to statutory definitions.
A writ petition under Article 226 is not maintainable when an effective statutory remedy exists under the Securitisation Act, especially in recovery related matters.
The obligation to make a pre-deposit under the SARFAESI Act is strictly on the borrower, and amounts paid by others cannot be appropriated towards this requirement unless the borrower accepts the sal....
Tenant - Mortgage - There is no doubt that a tenant or an occupant at a building, whose commencement of continuous occupation is anterior to creation of a mortgage, may not be thrown out of possessio....
The court established that compliance with pre-deposit requirements is mandatory for challenging sales under the Recovery of Debts Due to Banks and Financial Institutions Act and related rules.
Appeal – Any waiver of pre-deposit to entire extent would be against statutory provisions and not sustainable in law.
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