Mrs Mamta Goyal v. Punjab National Bank and Anr.
Case brief
What is this about?
In an application seeking transfer of a section application pending before DRT-II, Delhi to DRT-I, Delhi due to lack of a regular Presiding Officer at DRT-II and to ensure time-bound disposal of a matter involving over Rs.1 crore, the bench granted the relief and directed transfer.
What did the court decide?
Transfer of Section Application No.174/2019 from DRT-II, Delhi to DRT-I, Delhi; DRT-I to take up on 16.01.2023 and dispose within three months.
What the court decided
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Application No.125/2022 Arising out of S.A.No.174/2019 (DRT-I, Delhi) TSA No.354/2022 (DRT-II, Delhi)
Mrs. Mamta Goyal Vs
Punjab National Bank & Anr.
02.12.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Vinit Trehan, Ld. counsel for applicant
Mr. Mrinal Kishore proxy for Ms. Nishi Choudhary, Ld. counsel for respondent bank
This matter has been taken up by me through Video Conferencing.
Misc. Application No.125/2022
This is an application seeking transfer of TSA No.354/2022 pending before the DRT-II, Delhi to DRT-I, Delhi with a direction to it to dispose of the same in a time-bound manner.
Learned counsel for the applicant states that the S.A. was originally filed before the DRT-I, Delhi, however, in view of the Gazette Notification dated 04.10.2022 issued by the Department of Financial Service, Ministry of Finance, Government of India, the same now stands transferred to DRT-II, Delhi. Learned counsel for the applicant further states that more than Rs.1 core is involved in the present matter. Counsel submits that in DRT-II, Delhi there is no regular Presiding Officer and Presiding Officer of DRT-III, Delhi has been entrusted with the additional charge of DRT-II, Delhi and he is taking up only urgent matters relating to auction/sale and possession. Learned counsel, therefore, prays that the matter may be transferred back to DRT-I, Delhi with a direction to decide the S.A. in a time-bound manner.
Issues for consideration
2 issues framed by the court
Whether the section application pending before the Divisional Director, RDRT (Banking), New Delhi (DRT-II) should be transferred to the Debts Recovery Tribunal (DRT-I), Delhi for disposal.
Whether the proceedings involving a commitment of over Rs.1 crore should be disposed of in a time-bound manner by the DRT-I, Delhi.
Parties & counsel
- applicant
Mamta Goyal
- respondent
Punjab National Bank
Coram
Justice Brijesh Sethi
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · Brijesh Sethi
- Order 2 — this page · Brijesh Sethi
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