IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Before:

The Hon’ble Justice Hiranmay Bhattacharyya C.O. 3813 of 2024 M/s. Only Wheel & Ors.

VS.

Bank of Baroda & Ors.

For the Petitioner : Mr. Saptansu Basu, Sr. Adv.

Mr. Siddhartha Banerjee Ms. Susmita Nath ….. advocates For the Opposite Party : Mr. Arabinda Chatterjee, Sr. Adv.

Mr. Surajit Auddy Mr. Swapnalekha Auddy ….. advocates Reserved on : 25.06.2025 Judgment on : 04.09.2025 Hiranmay Bhattacharyya, J.:-

1. This application under Article 227 of the Constitution of India is at the instance of the borrowers and is directed against a judgment and order dated August 30, 2024 passed by the Debts Recovery Appellate Tribunal at Kolkata in Misc Appeal No. 17 of 2024.

2. By the judgment and order impugned, the order dated January 16, 2024 passed by the learned Debts Recovery Tribunal-III, Kolkata in S.A No. 229 of 2023 was set aside and the secured creditor was given liberty to proceed in accordance with law.

3. The predecessor-in-interest of the petitioners namely Sailendranath Ghosh availed overdraft facilities for Rs. 300.00 lakhs from the opposite party/bank. Since there was failure on the part of the petitioners to