RATHI BROTHERS AND ORS v. THE AUTHORISED OFFICER, BANK OF MAHARASHTRA ZONAL OFFICE AND ANR
CO/2409/2026 · 2026-08-17
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34423 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34423 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sl.37 17.08.2026 Court No.6 BP C.O. 2409 of 2026
Rathi Brothers & Ors. -versus- The Authorised Officer, Bank of Maharashtra Zonal Office & Anr.
Mr. Avirup Chatterjee Mr. Rishov Das ..for the petitioners
Mr. Subhojit Saha Ms. Ruchira Chatterjee ..for the opposite parties
The grievance of the petitioners is that though the parties were heard on the prayer for interim order on 24th June, 2026 but the application for stay has again been fixed for hearing on 19th August, 2026 by the order dated 9th July, 2026. The petitioners are aggrieved by the order dated 9th July, 2026 passed by the learned Debts Recovery Tribunal-I, Kolkata in I.A. No. 1924 of 2026 in connection with S.A. No. 201 of 2026. The learned Tribunal after noticing that the matter was heard on 24.06.2026 gave liberty to the Bank to file written objection to IA 1924 of 2026 as to whether sale has been conducted or not. The impugned order giving liberty to the Bank to file written objection do not suffer from infirmity as the fact which was directed to be stated by way of written objection is relevant for deciding the application.
2 On a query of the Court as whether the bank has filed a written objection as directed by the order dated 9th July, 2026, the learned advocate appearing for the bank submits that the same shall be filed positively by tomorrow (18.08.2026) and a copy of the same shall be served upon the learned advocate for the petitioners by tomorrow (18.08.2026). Such submission of the learned advocate for the opposite party/bank is placed on record. Considering the fact that the hearing has been fixed on 19th August, 2026, C.O. 2409 of 2026 stands disposed of by requesting the Presiding Officer, Debts Recovery Tribunal-I, Kolkata to take up the hearing of the application being I.A. No. 1924 of 2026 on the next date fixed i.e. on 19th August, 2026 and to dispose of such application as expeditiously as possible but preferably within a period of six weeks from the next date fixed without granting any unnecessary adjournments to either of the parties. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Hiranmay Bhattacharyya, J.)