Drat Kolkata Court December 2004 Judgments

Calcutta Pinjrapole Society Vs. Union Bank of India and anr.

Court: DRAT Kolkata

1. This appeal has been preferred from an order dated 13th September, 2004, made by the learned Presiding Officer, Debts Recovery Tribunal (I), Kolkata, hereinafter referred to as the D.R.T. The appellant was aggrieved and dissatisfied with the impugned order. I have heard advocates for the parties.2. It was submitted on behalf of the appellant, by advocate that the D.R.T. had failed and neglected to consider and adjudicate the question of the appellant having a first charge on the leasehold property where the secured goods were stored. He argued, that a no-objection certificate had been obtained by the bank at the time of granting the loan and that the bank and all parties concerned were fully aware of the prior charge of the appellant over the land. He contended, that the leasehold property could not be dealt with or disposed of by the D.R.T.in any manner, without adjudicating the right, title and interest of the appellant.3. According to advocate for the respondent No.2, there were...