Sri Shyamal Gupta, Member

This Appeal is preferred against the Order dated 06-09-2017, passed by the Ld. District Forum, South 24 Parganas in EA/106/2015.

The short case of the Appellant is that, it gained knowledge about the instant proceedings in the month of June, 2017, after it handed over the mortgaged property to the successful purchaser of e-auction sale, Smt. Poppy Rani Halder following due procedure under the SARFAESI Act, 2003.  Further case of the Appellant is that, one M/s Suvoshakti Export & Import Ltd. obtained a loan from the Appellant in the year 2014.  As the borrower was irregular in repaying the loan, the subject loan was declared NPA on 30-09-2015.  The Appellant issued demand notice u/s 13(2) of the SARFAESI Act, 2002 on 05-11-2015.  As neither the borrower nor the guarantor repaid the loan in terms of the demand notice within the statutory period, Appellant subsequently issued notice u/s 13 (4) of the said Act and took physical possession of the secured asset and also published possession notice in the newspaper under Rule 8(1) of the said Act.  Thereafter, the Appellant issued public e-auction notice for selling the mortgaged property in the newspapers on 17-02-2016.  One Ms Poppy Rani Halder purchased the said property and concluded the entire sale procedure being the highest and successful bidder and Appellant issued Sale Certificate in her favour on 01-04-2017.  However, armed with the order passed by the Ld. District Forum, Respondent No. 1 prevented said Ms Poppy Rani Halder from entering the suit property.  On being informed of such development, the Appellant approached the Ld. District Forum for vacating the impugned order.  As such prayer was turned down by the Ld. District Forum, this Appeal was filed.

In this regard, parties were heard at length and documents on record gone through cautiously.

It appears from the record that the Respondent No. 1 executed an Agreement for Sale in respect of the subject property on 04-01-2004.  As the Sale Deed was not concluded even after the passage of long time since then, the Respondent No. 1 initiated the complaint case bearing no. CC/33/2015 before the Ld. District Forum on 19-01-2015 and final order was passed in the matter on 07-04-2015.  The order impugned being not challenged before any competent Court of Law within the statutory limitation period, by virtue of the provisions laid down under the Consumer Protection Act, 1986, it attained finality. 

Subsequently, Execution case was filed before the Ld. District Forum for implementation of the decree and thereafter, the Respondent No. 1 got physical possession of the subject property through the Ld. District Forum. 

Be it declaration of the purported loan given to M/s Suvoshakti Export & Import Ltd. by the Appellant as NPA or taking recourse under the SARFAESI Act, 2002, it is seen from the record that, everything was done long after the final order passed by the Ld. District Forum in the complaint case attained finality. 

Once the die is cast, it cannot be altered. In view of this, proceedings initiated by the Appellant under the 2002 Act cannot frustrate the decree obtained by the Respondent No. 1.

As District Forum is not empowered to review/revoke its own order, the Forum below had no other alternative but to reject the petition of the Appellant to array it into the case and reopen the matter for fresh adjudication. 

Therefore, by turning down the prayer of the Appellant, the Ld. District Forum committed no legal infirmity.  The Appeal, in such premises stands dismissed.  No costs.