The DRAT Kolkata dismissed a transfer application as infructuous since the underlying SARFAESI appeal was dismissed due to withdrawal. Pending interim applications were also disposed of accordingly.
The transfer petition was dismissed as infructuous and pending interim applications were disposed of accordingly.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc. Appeal Dy. No. 320 of 2023) (Arising out of S.A. No. 182 of 2019 in DRT -II Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.06.2023
Asset Advisory Services India Pvt. Ltd. … Appellant -VsIndian Overseas Bank & 2 ors ….Respondents Mr. Amancharla V. Gopal Rao, Learned Counsel for the Appellant Mr. Narayan Debnath, Learned Counsel, Mr. Saswata Chatterjee, Learned Counsel Ms. Tanima Debnath, Learned Counsel for the for the Respondent No. 1. Learned Counsel for the Respondent No. 9.
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Applicant, Respondent No. 1 and Respondent No. 9 and perused the record. A transfer application was filed by the Applicant for transfer of S.A. No. 182 of 2019 pending on the file of DRTII Hyderabad to DRT-I Hyderabad to adjudicate the same along with S.A. No. 50 of 2021. Transfer application was filed on 12th May, 2023 which was listed for today for hearing of admission. I.A. No. 213 of 2023 is filed with a prayer to suspend the orders dated 01.06.2023 passed in
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I.A. No. 1537 of 2023 in S.A. No. 182 of 2019 on the file of DRT-II at Hyderabad.
Learned Counsel for the Applicant submits that the orders dated 01.06.2023 were passed despite the fact that the transfer application was pending before the Hon’ble DRAT Kolkata. But on the basis of a memo the SARFAESI Applicant of S.A. No. 182 of 2019 was permitted to withdraw the SARFAESI Application and the SARFAESI Application was dismissed. It is further submitted that I.A. No. 1537 of 2023 filed by the Applicant before the Ld. DRT was also dismissed while the transfer petition before this DRAT was pending.
At the very outset it would be relevant to note that transfer petition was filed by the Applicant for transfer of S.A. No. 182 of 2019 pending on the file of DRT-2 Hyderabad. As per the admission made in I.A. No. 213 of 2023, this S.A. has already been dismissed being withdrawn by the SARFAESI Applicant. Whether order was passed in accordance with law or not could not be looked into in these proceedings. If the Applicant is aggrieved, he can avail the legal remedies if any, available to him since the SARFAESI Application has already been dismissed. Now there is no question of transfer of S.A. No. 182 of 2019. Accordingly, Transfer Petition has become infructuous and is dismissed. Pending I.A.s if any, are disposed of accordingly. Interim order, if any, stands vacated.
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Copy of the order be supplied to the Appellant and the Respondent and the copy be also forwarded to the concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court today.
(Anil Kumar Srivastava,J) Chairperson
Dated 6th June, 2023 2/tp
Asset Advisory Services India Pvt. Ltd.
Indian Overseas Bank
Anil Kumar Srivastava
As recorded by the court registry
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