JUDGMENT

THE APPELLATE TRIBUNAL :

1. Instant appeal has arisen against order passed by Learned DRT, Visakhapatnam, in R.A. 01 of 2023 arising out of S.A. 42 of 2022 decided on 06.12.2023 whereby Learned DRT allowed the Review Application.

2. As far as the facts of the matter are concerned, S.A. 42 of 2022 (Sri Baliboina Siva Prasad -vs- Union Bank of India (erstwhile Andhra Bank) was filed before the Learned DRT, Visakhapatnam which was decided on 19.10.2023. S.A. was decided and dismissed on merits holding that no irregularity or illegality has been committed by the Bank in proceedings under the SARFAESI Act. After dismissal of the S.A., Review Petition No. 01 of 2023 was filed by the SARFAESI Applicant before the Learned DRT on the ground that I.A. 2373 of 2023 in S.A. 42 of 2022 was filed by the SARFAESI Applicant wherein counter affidavit was filed by the Bank but the S.A. was dismissed erroneously without considering the prayer made in I.A. 2373 of 2023. It is further stated that the Bank sold two properties after dismissal of the S.A. The sale deed got registered on 21.10.2023. It is further stated that on the assurance given by the Bank in the DRT, I.A. 2373 of 2023 was not pr