01.08.2025.

Item No. 8.

Court No. 13 sp M.A.T. No. 425 of 2023 With CAN 1 of 2023 State Bank of India & Anr.

Versus Sri Tamal Dutta & Ors. Mr. Anirban Pramanick, Mr. Punarbasu Nath. …for the appellants.

Mr. Arup Kumar Chatterjee.

..for the respondents.

Mr. Vivekananda Kundu.

..applicant in person.

1. The appeal is directed against order dated 24^th February, 2023 passed by a Single Bench of this Court.

2. The writ petition was filed by a participant in and auction sale conducted by the Bank under Section 13(4) of the SARFAESI Act, 2002. The Single Bench permitted the writ petitioner to participate in the auction and the amount of Rs. 38,00,000/- deposited by the auction purchaser was directed to be taken into consideration by the Bank, in the order dated 24^th February, 2023. The learned Single Bench appears to have ignored that the principal borrower was not made a party respondent to the proceeding.

3. In any event, any grievance with regard to any sale conducted by the Bank under the provisions of the SARFAESI Act, 2002 are required to be challenged under Section 17 of the SARFAESI Act, 2002 by any aggrieved person before the Debt Recovery Tribunal.

4. The applicant before this Court who se