JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. In this Application, UCO Bank has assailed an order dated March 30, 2017 passed by the Debts Recovery Appellate Tribunal at Calcutta(in short DRAT) in Appeal No. 442 of 2013 arising out of SA No. 722 of 2011. By the said order, DRAT dismissed the bank’s appeal and affirmed the order of the Debts Recovery Tribunal, Kolkata(in short DRT) dated November 7, 2013, by which he allowed opposite party no. 1’s application filed under section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(in short SARFAESI Act of 2002). Said application under section 17 was filed challenging a notice under section 13(2) dated April 26, 2010 and a possession cum sale notice dated July 29, 2010 issued by the Bank.

2. While answering the question as to whether notice under section 13(2) was issued in accordance with SARFAESI Act of 2002 or not, DRT held that the bank failed to establish that its mortgage right/security interest was not time barred under Article 62 of the Limitation Act 1963(in short Act of 1963) either before the mortgage suit was filed or before the notice under section 13(2) was issued and it w