In a misc. application under Section 17-A(2) of the RDB Act, 1993, the Tribunal allowed the transfer of an arbitration petition from DRT, Allahabad back to DRT, Jabalpur, as the Jabalpur court had become functional with a Presiding Officer.
The transfer petition TSA No. 34/2021 pending before DRT, Allahabad be retransferred to DRT, Jabalpur.
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Misc. Application No. 10/2022 Date: 01.06.2022
Shri Praveen Shivhare Vs. Punjab and Sind Bank
Present: Shri V. K. Shukla, counsel for the applicant, Shri K. K. Tiwari, counsel for the respondent-Bank,
The present application has been filed by the applicant under section 17-A(2) of the RDB Act, 1993 for transferring the TSA No. 34/2021 from DRT, Allahabad back to DRT, Jabalpur.
Learned counsel for the applicant submits that since there was no Presiding Officer at DRT, Jabalpur, therefore, one transfer petition was filed before this Tribunal and this Tribunal vide order dated 25.11.2021 was pleased to transfer the S.A. No. 422/2021 from DRT, Jabalpur to DRT, Allahabad. Subsequently, in view of the notification dated 20.02.2022, the Presiding Officer has joined at DRT, Jabalpur, which has become functional.
In view of the above, the present application is allowed and the TSA No. 34/2021 pending before the DRT, Allahabad be retransferred to the DRT, Jabalpur. Accordingly, the Registrar, DRT, Allahabad is directed to transmit the said TSA immediately to the DRT, Jabalpur and the DRT, Jabalpur shall register the said T.S.A. to its original number.
A copy of this order be sent to the parties as well as to the DRTs concerned.
Justice R. D. Khare Chairperson
VN Giri
1 issue framed by the court
Whether the transfer of an arbitration petition from DRT, Jabalpur to DRT, Allahabad should be reversed now that a Presiding Officer has been assigned to DRT, Jabalpur.
1 provisions across 1 enactments
Shri Praveen Shivhare
Punjab and Sind Bank
R. D. Khare
V. N. Giri
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
