IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Debangsu Basak CO 179 of 2024 Sapiur Rahaman Vs.

Indian Bank For the Petitioner: Mr. Bikramaditya Ghosh, Advocate Mr. Ved Rai, Advocate Mr. Mayank Bhandari, Advocate Mr. Vivek Saha, Advocate Heard & Judgment on: January 6, 2026 DEBANGSU BASAK, J.:-

1. Revisional application is directed against order dated January 10, 2024 passed by the Debts Recovery Tribunal, Siliguri in T.O.A. No.371 of 2017 arising out of O.A. No.258 of 2015.

2. Revisional application is taken up for final hearing.

3. Learned Advocate appearing for the petitioner submits that, the opposite such proceedings, the secured asset was sold. According to him, the sale proceeds was in excess of the claim of the opposite party. In fact, a sum was refunded to the opposite party.

4. Learned Advocate appearing for the petitioner submits that, in such circumstances, the claim of the opposite party was satisfied. Be that as it may, he draws the attention of the Court to the impugned order. He submits that, the impugned order in Clause IV restrained the defendant from creating third-party rights in res