The Tribunal granted a transfer petition to move an operating application from a vacant DR tribunal bench in Hyderabad to another functioning bench in the same city to ensure joint disposal.
Transfer of O.A. 421 of 2021 from DRT-2 to DRT-1, Hyderabad for joint disposal with S.A. 57.
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. 45 of 2019
In
(Transfer Petition No. 01 of 2022) (Arising out of S.A. 57 of 2022 in DRT, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
18.04.2022 M/s. Kayjee Engineers & 4 Others
… Appellants
-vs-
City Union Bank Limited … Respondent
Mr. Avadesh Narayan Sanghi, Learned Counsel for Appellants
Mr. Anirban Pramanick with Ms. Subhasree Dey, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
Heard Learned Counsel for the parties and perused the record.
Learned Counsel for Appellant seeks transfer of O.A. 421 of 2021, pending before DRT-2, Hyderabad to the file of DRT-1, Hyderabad.
Learned Counsel for the Appellant submits that DRT-2, Hyderabad is vacant as Learned Presiding Officer has yet not taken over the charge. Learned Counsel further submits that one S.A., being S.A. 57 of 2021, in connection with the same O.A., is pending before DRT-1, Hyderabad; hence it
2
would be in the interest of justice that both the matters be heard by one DRT.
Learned Counsel for Respondent Bank, however, opposes such prayer.
DRT-2 is vacant; hence, in the interest of justice, it would be expedient that S.A. 57 of 2022, along with O.A. 421 of 2021, be head and decided by one DRT.
Accordingly, O.A. 421 of 2021, pending on the file of DRT-2, Hyderabad, be transferred to DRT-1, Hyderabad for disposal, in accordance with law.
It is expected that both the S.A. and the O.A. would be heard and decided simultaneously.
Transfer Petition No. 101 of 2022, thus, stands disposed of.
Accordingly, all the I.A.s, being I.A. 45 of 2019, I.A. 46 of 2019, I.A. 47 of 2019 and I.A. 48 of 2019, also stand disposed of.
File be consigned to record room.
(Anil Kumar Srivastava,J) Chairperson
Dated: 18th April, 2022 01/ac
1 issue framed by the court
Whether transfer of O.A. 421 of 2021 from a vacant DRT bench to a functioning bench is in the interest of justice.
M/s. Kayjee Engineers & 4 Others
City Union Bank Limited
Anil Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
