In Misc. Appln. No. 01 of 2022, the Debts Recovery Appellate Tribunal directed DRT-3 Kolkata to decide a delay petition expeditiously, citing justice despite DRT-1's vacant charge.
Direct DRT-3 Kolkata to decide the matter expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appln. No. 01 of 2022 (Arising out of SA/127/2017 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
29.03.2022 UCO Bank … Applicant Vs. M/s. Black Diamonds Petro Products Pvt. Ltd. & others
… Respondents Mr. Sailesh Mishra, learned Counsel for the Appellant Mr. B. Mukherjee & Mr. S. Chakraborty, Learned Counsel for Respondents.
THE APPELLATE TRIBUNAL :
Heard the learned counsel for both the parties.
This is an application moved under section 17(5) and 17(6) of the SAFAESI Act, 2002
Learned counsel for the Applicant submits that as per the provision contained in under section 17(5) & 17(6) of SARFAESI Act, learned DRT-1, Kolkata should have decided the application within four months which was not done in time. Accordingly, direction may be issued for expeditious disposal of the matter.
Learned counsel for Respondents submits that the respondents are themselves responsible for the delay as the respondents were seeking time before the DRT-1, Kolkata to file opposition as would be evident from the orders dated 19/2/2021, 8/4/2021, 3/11/2021, 17/2/2022, 23/2/2022 and 25/2/2022.
It is further submitted that still some other applications are pending before the learned DRT-1, Kolkata for disposal. Learned counsel for the Applicant, Shri Sailesh Mishra, states that they do not
2
want to file any opposition except what has already been filed before the learned DRT, Kolkata in respect of pending matters.
This is a matter pending before DRT-1, Kolkata, where no Presiding Officer has taken over the charge as yet.
However, keeping in view, the provision laid down under section 17(5) and 17(6) in the interests of justice, learned DRT-3, Kolkata is directed to decide the matter expeditiously. Let a copy of the order be sent to the DRT-1, Kolkata.
Accordingly the Miscellaneous Application No. 01 of 2022 is disposed of.
Copy of the order be sent to DRT concerned and be also uploaded in the website of this Tribunal.
File be consigned to Record Room
(Anil Kumar Srivastava,J) Chairperson
Dated: 29th March, 2022
bose
1 issue framed by the court
Whether the Debt Recovery Tribunal is directed to decide the application expeditiously despite startup delay?
1 provisions across 1 enactments
UCO Bank
M/s. Black Diamonds Petro Products Pvt. Ltd.
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
