Shanu Traders Pvt. Ltd. and Others v. Bank of Baroda

Transfer Application Dy. No. 31/2022 Date: 04.03.2022

Shanu Traders Pvt. Ltd. and Ors. Vs. Bank of Baroda

Present: Shri Harsh Chopra, counsel for the applicants, Shri Avinash Jaiswal, counsel for the respondent-Bank,

Learned counsel for the applicants undertakes to serve a copy of the transfer application as well as misc. application to the learned counsel for the respondent-Bank during course of the day.

Learned counsel for the applicants has appended a copy of the application filed by the Bank under section 14 of the SARFAESI Act, 2002 before the District Magistrate for taking physical possession of the property in question, therefore, he states that the Bank is proceeding for taking physical possession of the property, so there is urgency in the matter. He further states that there is no Presiding Officer at DRT, Dehradun, therefore, the present transfer application along with urgency application be allowed and the case from the DRT, Dehradun may be transferred to any other DRT under jurisdiction of the DRAT, Allahabad for considering the interim application.

Learned counsel for the respondent opposes the same and seeks time to file reply and take instruction from the Bank.

Learned counsel for the respondent may seek instructions from the Bank and file reply by the next date.

Keeping in view the facts and circumstances of the case, status quo as it exists today with regard to the property in question shall be maintained by both the parties till next date.