Dismissed
Kotak Mahindra Bank Limited v. Multiple Educational and Manpower Development Trust
DRATTRANSFER PETITION/6/2022
What the court decided
AI extract
Outcome
Dismissed
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 06 of 2022
(Arising out of O.A. 189 of 2019 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
23.12.2022 Kotak Mahindra Bank Limited … Appellant -VsMultiple Educational & Manpower Development Trust & 8 Others … Respondents Mr. Sarathi Dasgupta with Mr. Prantick Ghosh and Mr. Avishek Roy Chowdhury, Learned Counsel for the Appellant Ms. Angana Dutta, Learned Counsel for Respondents
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record.
The instant application has been moved by the Appellant on the ground that there is no Presiding Officer in DRT-III, Kolkata. Matter is pending since 2019. There is urgency in the matter as the Respondents are enjoying interim order which was passed in the SARFAESI Application filed by them. It is further submitted that interim applications are still pending.
Judicial notice can be taken of the fact that DRT-II and DRT-III, Kolkata are lying vacant for quite some time; process of appointment of Presiding Officers is pending which may take some time. Learned Presiding Officer of DRT-I is looking after the work of DRT-III, Kolkata. If any
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interim application is pending that can be heard by the Learned DDRT-I. As far as urgency in the matter is concerned, the O.A. is pending since 2019.
Keeping in view the facts and circumstances of the matter, I do not find any ground to transfer the matter to DRT-II, Kolkata.
I find no merit in the application and the same is liable to be dismissed and is accordingly dismissed.
(Anil Kumar Srivastava,J) Chairperson
Dated: 232rd December, 2022 06/ac
Kotak Mahindra Bank Limited
Multiple Educational & Manpower Development Trust
Anil Kumar Srivastava
As recorded by the court registry
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