Allowed

Lakshmibala Memorial Development Trust v. Punjab National Bank

DRAT17 Oct 2023TRANSFER PETITION/15/2023

Case brief

AI extract

What is this about?

The Tribunal heard a transfer petition filed due to an auction date being fixed while the assigned Presiding Officer at DRT-II, Kolkata was vacant and no new charge was allocated. It allowed the petition, recalling the appeal from DRT-II and transferring it to DRT-III, Kolkata.

What did the court decide?

Transfer Petition allowed; S.A. 432 of 2023 recalled from DRT-II, Kolkata and transferred to DRT-III, Kolkata for disposal.

Lakshmibala Memorial Development Trust versus… — Civil Procedure and Limitation | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Transfer Petition No. 15 of 2023 (Arising out of S.A. 432 of 2023 in DRT-II, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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17.10.2023 M/s. Lakshmibala Memorial Development Trust & 4 Others … Appellants -VsPunjab National Bank … Respondents Mr. Nemani Srinivas with Ms. Mitul Chakraborty, Ms. Aninndita Maity and Ms. Payel Nath, Learned Counsel for Appellants

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Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for Respondents

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THE APPELLATE TRIBUNAL :

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For Admission

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Respondents are represented through Mr. Debasish Chakrabarti, Advocate.

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Heard the Learned Counsel for the parties and perused the record.

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Learned Counsel for Appellant submits that S.A. 432 of 2023 was filed before the Learned DRT-II, Kolkata which is pending. It is submitted that auction sale is fixed on 19^th October, 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 Counsel for Appellant, I find that S.A. 432 of 2023 is pending before Learned DRT-II, Kolkata. Earlier charge was assigned to Presiding Officer, DRT, Siliguri, but that too expired on 31^st August, 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 find it appropriate that S.A. 432 of 2023 be recalled from the file of DRT-II, Kolkata and transferred 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. 15 of 2023 is allowed. S.A. 432 of 2023, pending before DRT-II, Kolkata is recalled and transferred to DRT-III, Kolkata for disposal in accordance with law.

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Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.

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File be consigned to Record room.

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

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Order dictated and pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 17^th October, 2023 03/ac

Lakshmibala Memorial Development Trust v. Punjab National Bank

Case brief

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Lakshmibala Memorial Development Trust v. Punjab National Bank

Case brief

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