ORDER

16.12.2021 Heard Mr. S. Mitra, learned counsel for the petitioners and Mr. A. Ganguly, learned counsel for the respondent Nos. 1 to 3.

Petitioner No.2 is a registered company and petitioner Nos. 1 and 3 are and its directors. Petitioner No.2 took loan from the respondent bank and it failed to repay the loan within time. The respondent bank in the year 2015 initiated SARFASEI proceeding against the petitioner No.2 and others. In May 2016 respondent bank instituted O.A. No.141/2016 (IDBI Bank Limited -Vs- M/S. Ghosh Brothers Motors Pvt. Ltd. and others) under Sections 19v(1) (a) & (b) of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 before the Debt Recovery Tribunal, Guwahati (DRT, in short) against the petitioner No.2 and others including petitioner Nos. 1 and 3. By Judgment and Order dated 07.08.2017, the DRT in said O.A. No.141/2016 directed to issue recovery certificate for a sum of Rs. 43,68,32,109.66 against the petitioners with pendentelite and future interest @ 12% per annum with quarterly rests till realisation. Following the same Recovery Certificate was issued in favour of the respondent bank. Thereafter, the Certificate Holder Bank (CHB) i.e. IDBI Bank Limited/respondent initiated recovery proceeding against the Certificate Debtors (CD) i.e. M/s. Ghosh Brothers Motors Pvt. Ltd. and others/ petitioners before the Recovery Officer-II, DRT, Guwahati being DRPC No. 2527/2017 in O.A. No. 141/2016 (IDBI Bank Limited, -Vs- M/S. Ghosh Brothers Motors Pvt. Ltd. and others). Though said DRPC No. 2527/2017 was fixed on 05.08.2021 but it was adjourned due to restrictions owing to Covid 19 and is fixed on

20.12.2021.

Honda India Cars Ltd. has been paying commission to M/s Spectrum Honda, which is an unit of M/s. Ghosh Brothers Motors Pvt. Ltd. and M/s. Ghosh Brothers Auto Sales Pvt. Ltd. on sales of Honda make vehicle by the said Certificate Debtors (CD)/petitioners. As the recovery certificate against the petitioners (CD) is yet to be satisfied, the respondent Bank being CHB on 29.09.2021 during pendency of said DRPC No. 2527/2017, filed an application being petition No.78/2021 for issuing direction to the Honda Cars Ltd. for depositing the commissions and other payable to M/s Spectrum Honda, unit of M/s. Ghosh Brothers Motors Pvt. Ltd. / M/s. Ghosh Brothers Auto Sales Pvt. Ltd. (CD) in the account of the applicant Bank (DHD).

The concerned Recovery Officer of the DRT, Guwahati on 29.09.2021 passed an order allowing the said petition No.78/2021 of the respondent Bank (CHB) dated 29.09.2021 and issued the following order:

1) The General Manager and Operations Head of Honda Cars Limited Plot No., A1, Sector 40, 41, Surajpur, Kasna Road, Greater Noida Industrial Development Area, G.D. Nagar, UP, is directed to remit the commission amount and other payables directly to IDBI Bank Account No.136655100000116 of Ghosh Brothers Motor Pvt. Ltd. or in Account No.136651100001656 of Ghosh Brothers Auto Sales Pvt. Ltd.

2) Execute the above direction of remitting of commission amount immediately on receipt of the copy of the order either by mail or by post.

3) CHB is directed to serve a copy of the day’s order upon The General Manager and Operations Head of Honda Cars India Limited the by email as also to CDs by speed post.

Fixed on 20.12.2021 for filing report by CHB.

A free copy of the say’s order be given to CHB.

Being aggrieved with said order dated 29.09.2021 of the Recovery Officer of the DRT, Guwahati the petitioners have preferred this writ petition stating that the said order was passed without serving any copy to the petitioners and without giving any opportunity of hearing to them and in violation of the provisions of section 29 of the Recovery of Debts and Bankruptcy Act, 1993.

In this regard, Mr. S. Mitra, learned counsel for the petitioners in support of his argument placed the judgment of the Hon’ble Supreme Court of India in the case of Sahara India (Firm), Lucknow Vs. Commissioner Of Income Tax, Central-I,