Union Bank of India v. Balwinder Singh and Ors.
Case brief
What is this about?
This court allowed a transfer application by the applicant-Bank to retransfer proceedings from DRT, Lucknow back to DRT, Jabalpur. The order directed the Registrar of Lucknow to transmit the record to Jabalpur for registration.
What did the court decide?
TSA No. 4/2021 to be transferred to DRT, Jabalpur; record to be transmitted by Registrar, DRT, Lucknow.
What the court decided
Appeal Dy. No. 112/2022 Date: 25.04.2022
Union Bank of India Vs. Balwinder Singh & Ors.
Present: Miss Ashwani Pal, Advocate holding brief of Shri Sandeep Arora, counsel for the applicant,
Heard the learned counsel for the applicant.
The present transfer application has been moved by the applicant on the ground that earlier a transfer application being Dy. No. 431/2021 was filed by the applicant-Bank before this Tribunal for transferring the proceedings from DRT, Jabalpur to any other DRT falling under the jurisdiction of DRAT, Allahabad, as there was no Presiding Officer at DRT, Jabalpur. This Tribunal vide order dated 25.11.2021 had transferred the matter from DRT, Jabalpur to DRT, Lucknow.
It is contended that the Presiding Officer has joined at DRT, Jabalpur, therefore, the proceedings be retransferred to DRT, Jabalpur, as the DRT, Jabalpur is having original jurisdiction in the matter.
In view of the above, the present application is allowed and the TSA No. 4/2021 pending before the DRT, Lucknow is directed to be transferred to the DRT, Jabalpur. The Registrar, DRT, Lucknow is also directed to transmit the whole record along with I.As., if any, immediately to the DRT, Jabalpur and the DRT, Jabalpur is directed to register the said T.S.A. to its original number.
A copy of this order be sent to the parties as well as to the DRTs concerned.
Issues for consideration
2 issues framed by the court
Whether the retransfer of proceedings from DRT, Lucknow to DRT, Jabalpur is permitted given the availability of a Presiding Officer at the latter.
Whether the Registrar of DRT, Lucknow is directed to transmit the record to the DRT, Jabalpur.
Parties & counsel
- applicant
Union Bank of India
- respondent
Balwinder Singh
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · LD Registrar
- Order 2 — this page · Rajesh Dayal Khare
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