RUDRA BHATTACHARYA Vs. BANK OF INDIA

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India has been filed, challenging the alleged illegal possession taken by the respondent-authorities in respect of the petitioner's property at 11, M.M. Feeder Road, Kolkata-700 057, from which a ladies' hostel was being run by the petitioner. It is contended by the petitioner, appearing in person, that such illegal dispossession of the petitioner and ouster of the residents of the hostel took place on February 14, 2015. Challenging such action, the petitioner moved the Debts Recovery Tribunal (DRT), Kolkata by filing S.A. No. 142 of 2015. Upon the said application being disposed of, an appeal was preferred and the Debts Recovery Appellate Tribunal (DRAT) remanded the matter to the DRT and the Third Bench of the DRT, Kolkata took up the matter for hearing.

(2.) The petitioner had filed an interlocutory application bearing IA No.73 of 2019 for return of movable assets seized by the respondent-Bank from the said property at 11, M.M. Feeder Road and IA No.1360 of 2019 for judicial investigation into the alleged tampering of S.A. No.142 of 2015 in the DRT records.

(3.) Ia No. 73 of 2019 was subsequently amended and thereafter disposed of vide order dated January 24, 2020 by DRT-III. However, the allegations of fraud and forgery made in IA No.1360 of 2019 were not considered on the ground that it was not the subject-matter of IA No.73 of 2019.