M/S Debraj Oil Extraction Pvt Ltd And ORS v. Suprobha Reja And ORS

10-09-2025 ct no. 13 Sl. 19 pk MAT No. 676 of 2025 With CAN 1 of 2025 With CAN 2 of 2025 With CAN 3 of 2025 M/s. Debraj Oil Extraction Pvt. Ltd. & Ors.

-VersusSuprobha Reja & Ors.

Mr. Souritra Ganguly, Mr. Sanjib Das ... for the appellants 1.

Leave is sought to prefer an appeal against an order dated 25th September, 2019 by the borrower. He was not made a party as respondent to the instant proceeding. By the impugned order, the writ petitioner/respondent/purchaser of the secured asset in a SARFAESI sale obtained a direction on the bank for registering conveyance in his favour. The order was passed in the year 2019.

2.

The appellants' remedy, if any, is against the bank before the Debt Recovery Tribunal under the SARFAESI Act, 2002. In the event, it would be grossly inappropriate to entertain an application for leave to appeal six years after the order is passed.

3.

In view of the above, an application under Section 5 of the Limitation Act, 1963 being CAN 1 of 2025 is, therefore, dismissed.

Consequently, CAN 2 of 2025 and CAN 3 of 2025 are also dismissed.

4.

However as already ordered by the Single Bench, the execution of conveyance by the bank shall abide by the final result of the application under Section 17 of the Act, filed by the borrower/proposed appellants.

5.

Accordingly, MAT 676 of 2025 is also dismissed.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)