Debts Recovery Tribunal allowed a transfer petition recalling a pending application from DRT-II Kolkata and transferring it to DRT-3 Kolkata due to the former's vacancy and lack of assigned Presiding Officer.
S.A. No. 338 of 2023 (pending before DRT-II Kolkata) is recalled and transferred to DRT-3 Kolkata for disposal. No costs.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 13 of 2023 (Arising out of SA No.338 of 2023 in DRT-II Kolkata)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
16.10.2023
M/s. Maa Chandi Decorators & Ors. … Appellants Vs.
Punjab National Bank & Anr.
….. Respondents
For Appellant : Mr. Gaurav Singh, ld. Advocate.
For Respondents : Mr. Onkar Ganguly, ld. Advocate for resp. 1 and 2.
THE APPELLATE TRIBUNAL :
Affidavit of service filed by the appellant is taken on record.
Heard learned counsel for the appellant and perused the records.
Learned counsel for the appellant submits that S.A. No. 338 of 2023 was filed before the learned DRT-II Kolkata which is pending. It is submitted that auction sale is fixed on 19.10.2023. 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.
Having considered the submission made by the learned advocate for the appellant, I found that S.A. No. 338 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.
In such circumstances, considering urgency in the matter, I found it appropriate that S.A. No. 338 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.
O R D E R
Transfer Petition No. 13 of 2023 is allowed. S.A. No. 338 of 2023 pending before DRT-II Kolkata is recalled and transfer to DRT-3 Kolkata for disposal in accordance with law. No costs.
File be consigned to record room.
Copy be also forwarded to the appellant and respondent also to the concerned DRT.
Copy of the judgement/Final Order be uploaded in the Tribunal’s website.
Order dictated, signed and pronounced by me in the open Court on this the 16 day of October, 2023.
(Anil Kumar Srivastava, J) Chairperson
Dated : 16.10.2023 02 /pkb
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1 issue framed by the court
Whether the application before DRT-II Kolkata can be transferred to another Debt Recovery Tribunal due to vacancy and pending status?
1 provisions across 1 enactments
M/s. Maa Chandi Decorators & Ors.
Punjab National Bank
Anil Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
