PURABI DEBBARMA GHOSH Vs. TRIPURA GRAMIN BANK

JUDGEMENT

(1.) Heard Ms. K. Samajpaty, learned counsel for the petitioners and Mr. P. Saha, learned counsel for the respondents No.1 to 3-Bank. Also heard Mr. D.R. Chowdhury, learned senior counsel for the respondent No. 4.

(2.) Under Article 227 of the Constitution of India, the legal heirs of the original borrower seek to challenge the order dtd. 21/6/2023 passed by learned Debts Recovery Appellate Tribunal (DRAT), Kolkata in Appeal No.37 of 2021. Appeal No.37 of 2021 arose out of a judgment and order dtd. 21/6/2019 passed by learned Debts Recovery Tribunal (DRT), Guwahati in S.A. No.29 of 2019 instituted by the original borrower, Biswajit Ghosh versus Tripura Gramin Bank and another whereby the SARFAESI application was dismissed.

(3.) The scope of interference under Article 227 of the Constitution of India have been well settled by decisions of the Apex Court rendered from time to time as in the case of K. Chinnammal (Dead) Thr. Lrs. v. L.R. Eknath and another reported in 2023 SCC OnLine SC 611 at paragraphs 31 & 32 which are extracted hereunder: