Miscellaneous application for stay of order and transfer of sale appeal from DRT-2 to DRT-1 Kolkata listed for hearing. Stay prayer noted as previously rejected. Hearing fixed for status of sale.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc. Application No. 08 of 2022) (In Appeal 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
08.08.2022 State Bank of India … Appellant -VsM/s S.R. Worth Limited & 4 Others … Respondents Mr. Pankaj Kumr Mukherjee, Learned Counsel for the Appellant Mr. Gaurav Singh, Mr. Debabrata Basu Ray and Ms. Sharmistha Poddar, led by Mr. Nimish Mishra, Learned Counsel for Respondents
THE APPELLATE TRIBUNAL :
Heard Mr. Pankaj Kumar Mukherjee, Learned Counsel for the Appellant and Mr. Gaurav Singh, holding brief of Mr. Nimish Mishra, Learned Counsel for Respondents.
The instant Misc. application is moved for stay of the order dated 3rd August, 2022 passed in Appeal No. 33 of 2022 and to transfer S.A. 118 of 2015 from the file of DRT-2, Kolkata to DRT-1, Kolkata.
As far as prayer for stay of operation of the order dated 3rd August, 2022 is concerned, it has already been rejected on the 5th of August, 2022.
Learned Counsel for Respondents submits that the I.A.s are pending before the Learned DRT. There is no interim protection in favour of the Respondents and Appellant may confirm the sale. It is submitted that since there is no
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Presiding Officer in the DRT-2, Kolkata, the S.A. may be transferred to DRT-1, Kolkata for disposal.
Learned Counsel for the Appellant opposes the prayer and submits that there is no urgency in the matter and prayer is liable to be declined.
As far as the status of sale as well as further proceedings are concerned, a general statement is made in para 5 of the application but no specific reasons are mentioned as to whether the sale was confirmed or not, sale certificate was issued or not. A query was raised but the Learned Counsel for Respondent could not satisfactorily answer the same.
Accordingly, fix 25th August, 2022 for hearing. Respondent will be at liberty to place on record the status of sale on that date.
(Anil Kumar Srivastava,J) Chairperson
Dated: 8th August, 2022 08/ac
State Bank of India
M/s S.R. Worth Limited & 4 Others
Anil Kumar Srivastava
As recorded by the court registry
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