30.04.2025 Sl. No.2 akd W. P. A. 7445 of 2023 (CAN 1 of 2025)

[Central Bank of India -Vs- Union of India & Ors.]

Mr. Devajyoti Barman Mr. Sudhir Kumar Senapati Ms. Sanjukta Basu Mallick … … for the petitioner Mr. Dhiraj Trivedi .. Sr. Advocate Mr. Subhajit Chatterjee Mr. Rudra Dev Bagchi Ms. Swapna Jha Mr. Bikash Singh … … for respondent no.5 Mr. Ayan Kumar Boral Mr. Debabrati Basu Roy … for respondent nos.4A to 4D

1. In the present writ petition, the petitioner-Bank challenges the order dated 02.02.2023 passed by the Debts Recovery Appellate Tribunal at Kolkata (DRAT) in Appeal No.263 of 2018 whereby the learned DRAT confirmed the order dated 01.10.2018 passed by the learned Debts Recovery Tribunal 1, Kolkata (DRT) in S.A. 158 of 2015. By the said order, the learned DRT had quashed the order dated 23.07.2015 passed by the learned District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’). Though the learned DRAT found that the reasoning of the DRT was faulty, it nevertheless proceeded to confirm the order of the DRT on a different ground.

Facts of the c