This order clarified a previous order regarding jurisdiction transfer. It directed DRT-1, where the matter originated, to dispose of a transferred matter within four weeks.
Matter disposed of; DRT-1 directed to dispose matter within four weeks.
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
I.A. 50 of 2022
In
(M.A No. 01 of 2022) (Arising out of S.A. 127 of 2017 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
18.04.2022 UCO Bank
… Appellant
-vs-
M/s. Black Diamonds Petro Products Private Limited & 2 Others … Respondents
Mr. Sailesh Mishra, Learned Counsel for Appellant
Mr. Basudeb Mukherjee with Mr. Shamna Chakraborty, Learned Counsel for Respondents
THE APPELLATE TRIBUNAL :
I.A. 50 of 2022
This application is for clarification of the order dated 29th March, 2022 passed by this Tribunal.
The impugned order was passed when Learned Presiding Officer of Debt Recovery Tribunal-1, Kolkata had not taken over the charge; hence, keeping in view the provisions of Sections 17(5) and 17(6), Learned DRT-3, Kolkata, as Link Officer, was directed to decide the matter expeditiously.
It appears, under the garb of the order S.A. 127 of 2017, which was initially filed before DRT-1, Kolkata, was transferred from the file of DRT-1, Kolkata to DRT-3,
2
Kolkata; which was never directed by this Tribunal. Hence, it would be expedient and in the interest of justice that the matter should be heard and decided by the DRT where the matter was originally pending.
It is made clear that DRT-1, Kolkata should comply with the order dated 29th March, 2022 and dispose of the matter as expeditiously as possible; preferably within a period of four weeks from the date of receipt of copy of this order by DRT-1, Kolkata.
Accordingly the Misc. Appeal No. 01 of 2022, along with I.A. 50 of 2022, stands disposed of.
File be consigned to record room.
(Anil Kumar Srivastava,J) Chairperson
Dated: 18th April, 2022 02/ac
1 issue framed by the court
Whether the Debt Recovery Tribunal where the matter was originally pending should hear and decide the transferred matter expeditiously.
1 provisions across 1 enactments
UCO Bank
M/s. Black Diamonds Petro Products Private Limited
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
