Remanded

Ms H a Estates Private Limited v. Punjab National Bank

DRAT29 Nov 2022MISC APPLICATION/110/2022

Case brief

AI extract

What is this about?

The Tribunal disposed of miscellaneous transfer and consolidation applications. Relying on property jurisdiction in Jaipur, it transferred a Sant from Chandigarh to Jaipur and consolidated all matters for joint hearing.

What did the court decide?

S.A. No. 70/2021 transferred to DRT-Jaipur; all s.As consolidated and directed to be heard together by DRT-Jaipur.

Ms H a Estates Private Limited versus Punjab National Bank — Banking and Recovery | DRAT (2022)

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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

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Misc. Application No.96/2022 Arising out of S.A.No.86/2022 (DRT, Jaipur)

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Punjab National Bank Vs M/s H.A.Estates Pvt. Ltd. & Others.

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& Misc. Application No.97/2022 Arising out of S.A.No.70/2021(DRT-I, Chandigarh)

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Punjab National Bank Vs M/s H.A.Estates Pvt. Ltd. & Others.

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& Misc. Application No.98/2022 Arising out of S.A.No.85/2022 (DRT-I, Jaipur)

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Punjab National Bank Vs M/s H.A.Estates Pvt. Ltd. & Others.

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& Misc. Application No.99/2022 Arising out of S.A.No.84/2022 (DRT-I, Jaipur)

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Punjab National Bank Vs M/s H.A.Estates Pvt. Ltd. & Others.

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& Misc. Application No.110/2022 Arising out of S.A.No.70/2021 (DRT-I, Chandigarh) M/s H.A.Estates Pvt. Ltd. & Ors. Vs Punjab National Bank & Ors.

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Order

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29.11.2022 Hon’ble Mr. Justice Brijesh Sethi

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Present: Mr. Hashmat Nabi, Ld. Counsel for appellant.

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Mr. Ravi Data along with Ms. Deepshikha Gupta, Ld. Counsels for respondents.

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These matters have been taken up by me through Video Conferencing.

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Miscellaneous Application No. 96/2022, 97/2022, 98/2022, 99/2022 & 110/2022

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Vide this common order, I shall dispose of the above mentioned applications which have been filed under Section 17A(2) of SARFAESI Act for transfer as well as consolidation/clubbing of the S.As. pending before Ld. DRT, Jaipur and Ld. DRT-I, Chandigarh.

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-: 2 :-

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Ld. Counsel for appellant bank states that S.A. No. 70/2021 has been filed before Ld. DRT-I, Chandigarh is prior in time to the other S.A.s filed before the Ld. DRT, Jaipur and further more as common/overlapping reliefs are sought in the S.A. Ld. Counsel for appellant bank further submits that to avoid any contradictory or conflicting orders that may be passed in case the matter is tried by different Tribunal, he prays to transfer S.As pending before Ld. DRT, Jaipur to Ld. DRT-I, Chandigarh. Ld. Counsel for appellant further prays for consolidation of all the matters.

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On the other hand, the Ld. Counsels for respondents have argued that the most of the properties in question are situated under the jurisdiction of DRTJaipur only and therefore, the respondents have subsequently have filed other S.As before Ld. DRT-Jaipur. He therefore, submits it would be appropriate to transfer S.A. No. 70/2021 pending before Ld. DRT-I, Chandigarh to Ld. DRT, Jaipur in order to avoid conflicting decisions. He however, does not oppose consolidation of the S.As i.e. (S.A. No.85/2022, S.A. No. 86/2022, S.A. No. 99/2022) pending before Ld. DRT, Jaipur along with S.A. No. 70/2021 pending before Ld. DRT-I, Chandigarh.

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Ld. counsel for the parties have further submitted that Hon’ble Punjab & Haryana High Court was also approached for transfer of the S.A. No.70/2021 pending before Ld. DRT-I, Chandigarh to Ld. DRT-Jaipur and the Hon’ble High Court had passed the following order dated 07.03.2022 in CWP No.3847 of 2022 filed by M/s H.A. Estate Pvt. Ltd. and Anr. for transfer of case:-

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“Short reply on behalf of respondent no.1 has been filed in Court today and the same is taken on record. Learned counsel for the petitioners seeks to withdraw the present writ petition with liberty to move the Debts Recovery Tribunal for transfer of the S.A. pending before the Debts Recovery Tribunal-I, Chandigarh to Debts Recovery Tribunal, Jaipur.

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The writ petition is dismissed as withdrawn granting liberty as sought.”

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-: 3 :-

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The Hon’ble High Court has thus directed the parties to approach this Tribunal for transfer of cases.

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I have considered the rival submissions. The S.A. No. 70/2021 is pending before Ld. DRT-I, Chandigarh. The other S.As. (S.A. No.85/2022, S.A. No. 86/2022, S.A. No. 99/2022) have been filed in Ld. DRT-Jaipur. The properties in questions are situated at Ganga Nagar i.e. within the jurisdiction of Ld. DRTJaipur.

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In view of the fact that properties are situated at Ganga Nagar and fall within the jurisdiction of Ld. DRT-Jaipur, it will be in the interest of justice to transfer the S.A. No.70/021 pending before Ld. DRT-I, Chandigarh to Ld. DRTJaipur where other S.As. (S.A. No.85/2022, S.A. No. 86/2022, S.A. No. 99/2022) are also pending in order to avoid conflicting decisions. All the S.As are also directed to be consolidated as requested by the Ld. Counsels for both parties and Ld. DRT-Jaipur is directed to hear all connected S.As together.

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Ld. DRT-I, Chandigarh is directed to transfer the complete record of S.A. No. 70/2021 to Ld. DRT-Jaipur within a week. The copy of this order be sent to Ld. DRT-I, Chandigarh and Ld. DRT-Jaipur for compliance.

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With the above directions, all the miscellaneous applications No. 96/2022, 97/2022, 98/2022, 99/2022 & 110/2022 stand disposed of.

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File be consigned to record.

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(CHAIRPERSON)

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Ms H a Estates Private Limited v. Punjab National Bank

Case brief

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Ms H a Estates Private Limited v. Punjab National Bank

Case brief

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