The Tribunal recalled SA No. 85 of 2023 from DRT-II Kolkata due to the prolonged vacancy of a Presiding Officer and transferred it to DRT-I Kolkata for hearing, disposing of pending I.A.s and vacating interim orders.
S.A. No. 85 of 2023 transferred to DRT-I Kolkata; pending I.A.s disposed of; interim order vacated.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 09 of 2023
(Arising out of SA No. 85 of 2023 in DRT-II Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
09.10.2023 Asim Ghosh & Anr ... Appellants -VsPunjab national Bank & Anr ……Respondents Mr. Gaurav Singh, Learned Counsel for the Appellant Mr. Omkar Ganguly, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Applicant Mr. Gaurav Singh. Mr. Omkar Ganguly, Learned Counsel has put his appearance for the Respondents.
Learned Counsel for the Applicant submits that SA No. 85 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. 1359 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
2
posted in DRT-2 Kolkata nor additional charge is assigned to any other DRT.
In such circumstances, Applicant has a right of hearing before the DRT. Accordingly, I found the ground to be sufficient. SA No. 85 of 2023 is recalled from the file of DRT-2 Kolkata and is transferred to the file of DRT-1 Kolkata for hearing in accordance with law.
Pending I.A.s if any, are disposed of accordingly. Interim order, if any, stands vacated.
Copy of the order be supplied to the Appellant and the Respondent and the copy be also forwarded to the concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court today.
(Anil Kumar Srivastava,J) Chairperson
Dated: 9th October, 2023 3/tp
2 issues framed by the court
Whether SA No. 85 of 2023 should be transferred from DRT-II Kolkata to DRT-I Kolkata due to non-availability of a Presiding Officer.
Whether pending I.A.s in the transferred matter require disposal concomitantly with the transfer order.
Asim Ghosh & Anr
Punjab national Bank & Anr
Anil Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
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