Vijay Laxmi Shukul v. Union Bank of India
Case brief
What is this about?
In this transfer application, the Tribunal allowed a request to retransfer pending proceedings from DRT, Lucknow back to DRT, Jabalpur. The court held that since the Presiding Officer had joined at Jabalpur, original jurisdiction lay there, directing the Registrar to forward the record immediately.
What did the court decide?
The transfer application pending before DRT, Lucknow is directed to be retransferred to DRT, Jabalpur; the Registrar is to transmit the record immediately.
Transfer Application Dy. No. 138/2022 Date: 28.04.2022
Vijay Laxmi Shukul Vs. Union Bank of India
Present: Shri S. K. Gupta, Advocate holding brief of Shri V. K. Shukla, counsel for the applicant, Shri Vineet Sharma, Advocate holding brief of Shri Sandeep Arora, counsel for the respondent-Bank,
Heard the learned counsels for the parties.
The present transfer application has been moved by the applicant on the ground that earlier a transfer application being Dy. No. 410/2021 was filed by the applicant 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 11.11.2021 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 the 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. 02/2021 pending before the DRT, Lucknow is directed to be retransferred 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 shall 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
1 issue framed by the court
Whether the transfer application should be retransferred to the DRT at Jabalpur given the availability of a Presiding Officer there.
Parties & counsel
- applicant
Vijay Laxmi Shukul
- respondent
Union Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 091090001382022
- Topic
- Banking and Recovery
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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