This is a transfer petition wherein the DRAT ordered the transfer of a pending Special Appeal (S.A. 431 of 2021) from DRT-III to DRT-I in compliance with a direction by the Calcutta High Court.
S.A. 431 of 2021 transferred from DRT-III to DRT-I, Kolkata to be disposed of within four weeks.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Transfer Petition No. 05 of 2022)
(Arising out of S.A.431 of 2021 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
02.09.2022 Bank of Baroda … Appellant -VsVenus Controls and Switchgear Private Limited & Others … Respondents Mr. Avishek Guha with Ms. Shreyasi Sen, Learned Counsel for Appellant
Mr. Arijit Bardhan with Mr. Subhajit Manna, Learned Counsel for Respondents
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for Appellant and perused the record.
In F.M.A. No. 972 of 2022, with CAN 1 of 2022, the Division Bench of the Hon’ble Calcutta High Court passed an order dated 11th August, 2022 wherein it was observed that:
“We are of the opinion that present case is a
fit case for exercise of discretion of transferring the pending S.A. 431 of 2021 from DRT-III to DRT-I so that it can be disposed of at the earliest. Therefore appellants are permitted to file appropriate application for transfer before the Chairman DRAT.”
In view of the observation made by the Hon’ble Calcutta High Court, S.A. 431 of 2021, pending in the file of
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DRT-III, is recalled and transferred to the file of DRT-I, Kolkata for disposal in accordance with law. It is further directed, in compliance of the order of the Hon’ble Calcutta High Court, Learned DRT-I, without granting any unnecessary adjournments, shall decide the S.A. 431 of 2021 as early as possible, preferably within four weeks.
Accordingly, the Transfer Application is disposed of.
Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.
File be consigned to Record room.
Order dictated, signed, dated and pronounced in open Court.
(Anil Kumar Srivastava,J) Chairperson
Dated: 2nd September, 2022 07/ac
Bank of Baroda
Venus Controls and Switchgear Private Limited & Others
Anil Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
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