The Tribunal allowed a transfer petition regarding a pending Second Appeal. Due to the vacancy at DRT-II Kolkata and expiration of the previous Presiding Officer's charge, the court transferred the matter to DRT-3 Kolkata for disposal.
Transfer Petition allowed; S.A. No. 474 of 2023 transferred from DRT-II Kolkata to DRT-3 Kolkata.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 21 of 2023
(Arising out of SA No.474 of 2023 in DRT-II Kolkata)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
23.11.2023
Vs.
Karnataka Bank & Anr.
….. Respondents
For Appellant : Mr. Samrat Mukherjee, ld. Advocate. For Respondents : Mr. Anirban Pramanik, ld. Advocate.
THE APPELLATE TRIBUNAL :
Affidavit of service filed by the appellant is taken on record. Respondents are represented through their advocate.
Heard learned counsel for the parties and perused the records.
Learned counsel for the appellant submits that S.A. No. 474 of 2023 was filed before the learned DRT-II Kolkata which is pending. Learned counsel submits that auction sale was fixed on 16.11.2023. Learned counsel for respondents submits that he has no instruction on auction sale. Learned counsel for the appellant further submits 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. 474 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, I found it appropriate that S.A. No. 474 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.
O R D E R
Transfer Petition No. 21 of 2023 is allowed. S.A. No. 474 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 23 day of November, 2023.
(Anil Kumar Srivastava, J) Chairperson
Dated : 23.11.2023 03 /pkb
1 issue framed by the court
Whether the pending Second Appeal before DRT-II Kolkata should be transferred to another DRT due to vacancy and unassigned charge.
1 provisions across 1 enactments
Karnataka Bank & Anr.
Anil Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
