The DRAT dismissed an application to transfer a SARFAESI matter from the DRT-II Kolkata to another tribunal, finding no sufficient urgency to bypass High Court directions fixing the hearing date.
Transfer application dismissed. No order as to costs.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 05 of 2023
(Arising out of SA No. 191 of 2017 in DRT-II, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.10.2023
M/s Sofine Transformers Pvt. Ltd. and ors ... Appellants
-VsIndia SME Asset Reconstruction Company Limited & ors
……Respondents
Mr. Prasenjit Pal, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Applicant. Respondents are not present. Supplementary affidavit filed today is taken on record. It is a matter wherein the matter is remanded by the Hon’ble High Court to the DRT for deciding afresh wherein 24th January, 2024 is already fixed. An I.A. is moved by the Applicant before the DRT for preponing the date and to restore the SARFAESI Application. During the course of hearing, Learned Counsel for the Applicant submits that there is an urgency as the purchaser may create third party interest in the property which may create further complications. No. Presiding Officer is posted in DRT-2 Kolkata since long. Earlier the additional charge was assigned to Presiding Officer DRT Siliguri which also expired on 31st August, 2023, thereafter, neither any
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Presiding Officer is posted in DRT-2 Kolkata nor the additional charge is assigned to any other DRT.
The matter pending in the DRT-2 Kolkata are being transferred by DRAT in the cases where there is an urgency. For example, where auction sale is fixed or possession is being taken as a litigant cannot be left remediless. At the same time, it is also to be observed that two DRTs DRT -1 and DRT-3 are already overburdened. Only urgent matters are being transferred to one of those DRTs.
As far as urgency in this matter is concerned, the only urgency shown during the course of hearing is that third party interest may be created by the purchaser although no such plea is made out in the I.A. moved before the DRT.
As far as orders of the Hon’ble High Court are concerned, DRT is bound to comply the directions issued by the Hon’ble High Court. The matter is already posted for 24.01.2024. It is submitted that it is fixed for MA hearing. In such circumstances, I do not find any urgency in the matter to transfer the SARFAESI Application from the file of DRT-2 Kolkata to any other DRT. Accordingly, Transfer Application is dismissed.
No order as to costs.
File be consigned to Record Room.
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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Copy of the Judgment/ Final Order be uploaded in the Tribunal’s Website.
Order signed and pronounced by me in the open Court on this the 13th day of October, 2023.
(Anil Kumar Srivastava,J) Chairperson Dated: 13th October, 2023 2/tp
M/s Sofine Transformers Pvt. Ltd.
India SME Asset Reconstruction Company Limited
Anil Kumar Srivastava
As recorded by the court registry
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