Authority: Calcutta High Court, Circuit Bench, Jalpaiguri
Order Date: 10 July 2026
Case Overview
- Petitioners: Sree Brindaban Rice Mills & Ors.; Opposite parties: State Bank of India & Anr.
- Petitioners filed SA No. 71 of 2023 under Section 17 of the SARFAESI Act, challenging actions of the secured creditor.
- District Magistrate, Uttar Dinajpur, on 29‑01‑2026 issued an order under Section 14 without recording satisfaction of the nine‑point affidavit and authorised police assistance for possession.
- Petitioners filed interim application IA/177/2026 before DRT Siliguri; opposite parties filed written objection on 12‑03‑2026.
- DRT rejected the interim application on 23‑06‑2026 without allowing petitioners to reply or rejoinder, allegedly violating natural justice.
- Petitioners raised that DRT ignored their written notes of argument seeking a reply opportunity and that the DM order contravened Section 14 of the Act.
Final Outcome
- The High Court set aside the DRT order dated 26‑03‑2026.
- Directed the DRT, Siliguri, to grant reasonable time for the petitioners to file a reply or rejoinder to the written objection and to rehear IA/177/2026 expeditiously.
- Clarified that the Court does not pass on the merits of the DM order or the underlying loan dispute.
- Ordered that no costs be awarded; all connected applications stand disposed; interim orders, if any, are vacated.
Topics: Legal Procedure, Banking Regulation