Ranjit Kumar Maji v. Punjab National Bank
Case brief
What is this about?
The Tribunal considered the transfer of SA No. 415 of 2023 from the Kolkata bench of DRT-II to DRT-1 Kolkata due to a persistent vacancy of a Presiding Officer in the latter bench.
What did the court decide?
SA No. 415 of 2023 is recalled from the file of DRT-2 Kolkata and is transferred to the file of DRT-1 Kolkata for hearing.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 11 of 2023
(Arising out of SA No. 415 of 2023 in DRT-II Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
09.10.2023 Ranjit Kumar Maji & Ors ... Appellants -VsPunjab national Bank & Anr ……Respondents Mr. Gaurav Singh, Learned Counsel for the Appellant Ms. Mousumi Pal, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Applicant Mr. Gaurav Singh. Ms. Mousumi Pal, Learned Counsel has put her appearance for the Respondents.
Learned Counsel for the Applicant submits that SA No. 415 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. 1352 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
Issues for consideration
3 issues framed by the court
Whether an application challenging a Section 14 SARFAESI Act order by the District Magistrate pending at a DRT where no Presiding Officer is posted can be heard by a different DRT on transfer.
Whether the deficiency in the DRT-II Kolkata staff necessitates transfer of the case to ensure a right of hearing.
Whether SA No. 415 of 2023 should be transferred from DRT-II Kolkata to DRT-1 Kolkata for hearing.
Parties & counsel
- applicant
Ranjit Kumar Maji & Ors
- respondent
Punjab national Bank & Anr
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · Sukhendu Kumar Narjary
- Order 2 — this page · Anil Kumar Srivastava
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