This Tribunal transferred a pending Special Appeal from DRT-II Kolkata to DRT-I Kolkata because DRT-II was not staffed with a Presiding Officer after the expiry of an additional charge assignment from DRT Siliguri.
Special Appeal No. 422 of 2023 transferred to DRT-I Kolkata for hearing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 10 of 2023
(Arising out of SA No. 422 of 2023 in DRT-II Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
09.10.2023 Reba Mallick ... Appellants -VsPunjab national Bank & Anr ……Respondents Mr. Gaurav Singh, Learned Counsel for the Appellant Mr. Debasish Chakrabarty, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Applicant Mr. Gaurav Singh. Mr. Debasish Chakrabarty, Learned Counsel has put his appearance for the Respondents.
Learned Counsel for the Applicant submits that SA No. 422 of 2023 is pending before the DRT-2 Kolkata wherein an order under Section 14 of the SARFAESI Act were passed by District Magistrate, Bankura on 19.09.2023. I.A. No. 1363 of 2023 was filed challenging the order under Section 14 of the SARFAESI Act. No Presiding officer is posted in DRT-2 Kolkata since long. Earlier additional charge was assigned to Presiding officer DRT Siliguri, that period also expired on 31.08.2023. Thereafter, neither any Presiding Officer is
2
posted in DRT-2 Kolkata nor additional charge is assigned to any other DRT.
In such circumstances, Applicant has a right of hearing before the DRT. Accordingly, I found the ground to be sufficient. SA No. 422 of 2023 is recalled from the file of DRT-2 Kolkata and is transferred to the file of DRT-1 Kolkata for hearing in accordance with law.
Pending I.A.s if any, are disposed of accordingly. Interim order, if any, stands vacated.
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: 9th October, 2023 4/tp
2 issues framed by the court
Whether a pending Special Appeal before DRT-II Kolkata which is devoid of a Presiding Officer can be transferred to DRT-I Kolkata for hearing.
Whether the application to recall and transfer the Special Appeal to DRT-I Kolkata is maintainable in the absence of a Presiding Officer in DRT-II Kolkata.
Reba Mallick
Punjab National Bank & Anr
Anil Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
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