JUDGMENT

Ajoy Kumar Mukherjee, J.—The instant Application Under Article 227 of the constitution of India has been preferred against the order dated 04th August, 2023 passed by the learned Debt Recovery Appellant Tribunal (in short DRAT) Kolkata in Misc. Appeal No. 06 of 2023. Petitioners’ case in brief is that the petitioners filed an application under section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002 (herein after called as SARFAESI Act, 2002) being SA 25 of 2021 before the learned Debt Recovery Tribunal (in short DRT) Siliguri challenging the classification of the petitioners loan Accounts as non performing assets and also against measures taken by the opposite party/Bank under section 13 (2) and 13(4) of the SARFAESI Act, 2002 with regard to the mortgaged property of the petitioners.

2. During pendency of the said application before the Tribunal, the opposite party/bank filed an application under section 14 of the SARFAESI Act 2002 before the District Magistrate Jalpaiguri for taking physical possession of the mortgaged property of the petitioners. By the orders dated 05.01.2023 and 16.02.2023, the District Mag