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