Allowed

Ms Koley Multipurpose Himghar Pvt. Ltd. and Ors. v. Punjab National Bank

DRAT16 Oct 2023TRANSFER PETITION/14/2023

Case brief

AI extract

What is this about?

The single judge allowed the Transfer Petition, recalling the pending special appeal No. 424 of 2023 from the vacant DRT-II Kolkata and transferring it to DRT-1 Kolkata for disposal given the urgency and lack of Presiding Officer.

What did the court decide?

Transfer of S.A. No. 424 of 2023 from DRT-II Kolkata to DRT-1 Kolkata allowed; no costs awarded.

Ms Koley Multipurpose Himghar Pvt. Ltd. and Ors. versus… — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Transfer Petition No. 14 of 2023

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(Arising out of SA No.424 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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Koley Multi-Purpose Himghar Pvt. Ltd. & Ors.

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… 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 S.A. No. 424 of 2023 was filed before the learned DRT-II Kolkata which is pending. It is submitted that auction sale was 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.

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Having considered the submission made by the learned advocate for the appellant, I found that S.A. No. 424 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 in the matter, I found it appropriate that S.A. No. 424 of 2023 be recalled from 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. 14 of 2023 is allowed. S.A. No. 424 of 2023 pending before DRT-II Kolkata is recalled and transfer to DRT-1 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 03 /pkb

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Ms Koley Multipurpose Himghar Pvt. Ltd. and Ors. v. Punjab National Bank

Case brief

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Ms Koley Multipurpose Himghar Pvt. Ltd. and Ors. v. Punjab National Bank

Case brief

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