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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH JALPAIGURI
BIVAS PATTANAYAK
Bizmart Projects Private Limited – Appellant
Versus
Bank of Baroda – Respondent
JUDGMENT :
BIVAS PATTANAYAK, J.
1. This civil revisional application under Article 227 of the Constitution of India has been preferred by the petitioners challenging the impugned order dated 4th March, 2024 passed and sale notice dated 24th January, 2024 issued by the learned Recovery Officer, Debts Recovery Tribunal, Siliguri in R.C. No. 4 of 2021.
2. The brief fact of the case is that the opposite party no.1-Bank of Baroda initiated a proceeding before the learned Debts Recovery Tribunal, Siliguri under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as the "RDB Act") being O.A. No. 4 of 2019 for recovery of the alleged debt assessed to the tune of Rs. 7,52,47,142.89/- against the petitioners and the proforma respondents. On 23rd March, 2021, the learned Presiding Officer, Debts Recovery Tribunal, Siliguri passed judgment and decree in the aforesaid O.A. Consequent thereto a recovery proceeding was initiated before the learned Recovery Officer, Debts Recovery Tribunal, Siliguri which has been registered as R.C. No. 4 of 2021. The learned Recovery Officer on 13th January, 2022 as per requirement directed the opposite party no.1-Bank to serve dem
Recovery Officers must adhere to jurisdictional limits and cannot impose binding interim orders affecting property rights without proper evidentiary basis and due process.
The Debts Recovery Tribunal has jurisdiction to set aside ex parte decrees under the Recovery of Debts Due to Banks and Financial Institutions Act.
The jurisdiction for challenging appellate tribunal orders lies in the High Court corresponding to the original tribunal's location, affirming the principle that appellate orders merge with original ....
The civil court retains jurisdiction to adjudicate on the validity of sale and mortgage deeds under the SARFAESI Act, and a plaint cannot be partially rejected under Order VII Rule 11.
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