THE APPELLATE TRIBUNAL :

Instant appeal has arisen against the order dated 10.01.2019 passed by learned DRT, Cuttack in M.A. No. 1162 of 2017 arising out of Dy. No. 745 of 2017 whereby M.A. 1162 of 2017 was allowed and the delay in filing the SARFAESI application was condoned. Further, Registry was directed to register the S.A. and list the matter on 17.01.2019 which was registered as SA No.03 of 2019. Feeling aggrieved the appellant who is the successful auction purchaser, respondent no.3 in the S.A., preferred the appeal.

2. As per pleadings of the party the appellant herein namely, Nawal Kumar Agarwal, is a successful auction purchaser in respect of the land and factory put to sell by the respondent no.1 namely, State Bank of India, u/s 13(4) of the SARFAESI Act, 2002 (hereinafter referred to as ‘the Act’) on 20.05.2014. He was declared highest bidder who deposited the bid amount of Rs.1,34,50,000/- and sale certificate was issued in favour of him on 01.08.2014. Possession was also delivered on 18.08.2014. Respondent no.2 herein, Sri Manoj Kumar Dash, Managing Director of M/s. Kamyab Exports Pvt. Ltd. had filed the application u/s 17 of the Act before the learned DRT, Cuttack with