Allowed

Ms Haldia Nirman Projects Private Limited v. Punjab National Bank

DRAT16 Oct 2023TRANSFER PETITION/12/2023

Case brief

AI extract

What is this about?

This Transfer Petition addresses the pending Transcriptional Sale Application (TSA) before the vacant DRT-II Kolkata, where no Presiding Officer was posted. The Tribunal found it appropriate to recall the matter and transfer it to DRT-3 Kolkata for urgent disposal due to the vacancy.

What did the court decide?

Transfer Petition No. 12 of 2023 allowed; T.S.A. No. 03 of 2023 transferred to DRT-3 Kolkata for disposal.

Ms Haldia Nirman Projects Private Limited versus Punjab… — Execution and Attachment | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Transfer Petition No. 12 of 2023 (Arising out of TSA No.03 of 2023 in DRT-II Kolkata)

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THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON

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16.10.2023

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M/s. Haldia Nirman Projects Pvt. Ltd. & Ors. … Appellants Vs.

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Punjab National Bank & Anr.

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….. Respondents

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For Appellant : Mr. Nimesh Mishra, ld. Advocate. Mr.Abir Mondal, ld. Advocate. For Respondents : Mr. Debasish Chakraborty, ld. Advocate. Ms. S. Pal, ld. Advocate.

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THE APPELLATE TRIBUNAL :

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Affidavit of service filed by the appellant is taken on record.

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Heard learned counsel for the appellant and perused the records.

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Learned counsel for the appellant submits that T.S.A. No. 03 of 2023 was filed before the learned DRT-II Kolkata which is pending. It is submitted that auction sale is fixed on 02.11.2023. It is further submitted that DRT-II Kolkata is lying vacant. No Presiding Officer is posted there, even charge was not assigned to any other Presiding Officer. Hence, the matter may be transferred to any other DRT having jurisdiction.

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Having considered the submission made by the learned advocate for the appellant, I found that T.S.A. No. 03 of 2023 is pending before learned DRT-II Kolkata. Earlier charge was assigned to Presiding Officer, DRT-Siliguri, but that too expired on 31.08.2023. Thereafter charge of DRT-II Kolkata was not assigned to any other DRT.

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In such circumstances, considering urgency of the matter, I found it appropriate that T.S.A. No. 03 of 2023 be recalled from

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the file of DRT-II Kolkata and transfer to any other DRT having jurisdiction. Accordingly, transfer petition is liable to be allowed.

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O R D E R

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Transfer Petition No. 12 of 2023 is allowed. T.S.A. No. 03 of 2023 pending before DRT-II Kolkata is recalled and transfer to DRT-3 Kolkata for disposal in accordance with law. No costs.

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File be consigned to record room.

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Copy be also forwarded to the appellant and respondent also to the concerned DRT.

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Copy of the judgement/Final Order be uploaded in the Tribunal’s website.

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Order dictated, signed and pronounced by me in the open Court on this the 16 day of October, 2023.

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(Anil Kumar Srivastava, J) Chairperson

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Dated : 16.10.2023 01 /pkb

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Ms Haldia Nirman Projects Private Limited v. Punjab National Bank

Case brief

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Ms Haldia Nirman Projects Private Limited v. Punjab National Bank

Case brief

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