The Tribunal recalled a pending SARFAESI application from DRT-2 Kolkata, which lacked a Presiding Officer, and transferred it to DRT-1 Kolkata for expedited hearing given the issuance of a sale certificate by the Bank.
Recall of SARFAESI Application No. 118 of 2015 from DRT-2 Kolkata and transfer to DRT-1 Kolkata for disposal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc Application No. 08 of 2022 in Appl No. 33 of 2022) (Arising out of S. A. 118 of 2015 in DRT-2, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
25.08.2022 State Bank of India … Appellant -VsM/s S.R. Worth Limited & 4 others ….Respondents Mr. Pankaj Kumar Mukherjee, Learned Counsel for the Appellant Mr. Nimesh Mishra, Learned Counsel Mr. Gaurav Singh, Learned Counsel Mr. D. Basu Roy, Learned Counsel for the Respondents
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the Appellant and Learned Counsel for the Respondent and perused the record. Learned Counsel for the Applicant submits that the matter was pending before the Ld DRT-2 Kolkata. There is no Presiding Officer in DRT-2 Kolkata. Learned Counsel submits that there is urgency in the matter as sale certificate has already been issued and copy of the same is produced before this Tribunal by the Learned Counsel for the Respondent today. It is further submitted the Applicants are remediless. They are not having judicial forum to canvas their grievances. Hence, the matter
may be recalled from the file of DRT-2 and the matter may be transferred to any other DRT where Presiding Officer is posted.
Having gone through the record, I found that a sale certificate was issued by the Bank on 3rd August, 2022. SARFAESI Application is pending before DRT-2 Kolkata. In such circumstances, keeping in view the facts and circumstances of the case, I found it appropriate to recall the SARFAESI Application No. 118 of 2015 from the file of DRT-2 Kolkata and transfer it to the file of DRT-1 Kolkata for disposal in accordance with law expeditiously after affording an opportunity of hearing to the parties.
Sd/-
(Anil Kumar Srivastava,J) Chairperson
Dated: 25th August, 2022 18/tp
1 issue framed by the court
Whether a SARFAESI application pending before a DRT without a Presiding Officer should be recalled and transferred when a sale certificate has been issued.
State Bank of India
M/s S.R. Worth Limited & 4 others
Anil Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
