PURABI DEBBARMA Vs. MANTOSH DEB

JUDGEMENT

(1.) Heard Ms. K. Samajpaty, learned counsel appearing for the appellants. Also heard Mr. DR Chowdhury, learned senior counsel assisted by Mr. D. Deb, learned counsel appearing for the private respondent No.1.

(2.) This present writ appeal has been filed under Rule 2 (iii) of Chapter-V and Rule-R Sub-Rule-17 of Chapter VIII of the High Court of Tripura Rules, 2023 read with Article 226 of the Constitution of India against the judgment and order dtd. 2/2/2021 passed by the learned Single Judge in W.P.(C) No.154 of 2020.

(3.) The brief fact of this case is that the husband of the appellant no.1 and father of appellants no. 2 and 3, namely, Biswajit Ghosh (deceased) was a government contractor, who took loan from Tripura Gramin Bank for enhancement of his business and after making good payment in the loan account, became defaulter due to non-disbursement of the bill towards work order by the State Government of Tripura. Tripura Gramin Bank initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for short) against the husband of the appellant no.1 for which he filed S.A. No.29 of 2019 under Sec. 17 of the SARFAESI Act, 2002 before the learned Debts Recovery Tribunal(DRT), Guwahati challenging the Sale Notice dtd. 20/2/2019 issued by the Tripura Gramin Bank, including the entire SARFAESI proceedings initiated by the said bank, which was dismissed by an order dtd. 21/6/2019 passed by the learned Tribunal, Guwahati. The husband of the appellant no.1, died on 28/7/2019 and thereafter the names of the appellants were substituted in the appeal before the learned Debts Recovery Appellate Tribunal (DRAT), Kolkata as the legal heirs of the borrower i.e., late Biswajit Ghosh.