Allowed

Syed Babar Rashid v. Punjab National Bank

DRAT23 Nov 2023TRANSFER PETITION/26/2023

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal allowed a transfer petition recalling a long-pendingSpecial Appeal from DRT-II Kolkata and directing its transfer to DRT-I Kolkata due to the vacancy of the Presiding Officer.

What did the court decide?

Transfer Petition No. 26 of 2023 is allowed; S.A. No. 241 of 2021 is recalled from DRT-II Kolkata and transferred to DRT-1 Kolkata for disposal.

Syed Babar Rashid versus Punjab National Bank — 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. 26 of 2023

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(Arising out of SA No.241 of 2021 in DRT-II Kolkata)

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THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON

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23.11.2023

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Syed Babar Rashid & Ors. … Appellants Vs.

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Punjab National Bank & Ors. ….. Respondents

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For Appellant : Ms. Shreya Trivedi, ld. Advocate.

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For Respondents : Ms. Poetry Dutta, ld. Advocate.

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THE APPELLATE TRIBUNAL :

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Affidavit of service filed by the appellant is taken on record. Respondents are represented through their advocate.

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Heard learned counsel for the parties and perused the records.

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Learned counsel for the appellant submits that S.A. No. 241 of 2021 was filed before the learned DRT-II Kolkata which is pending. Learned counsel for the appellant submits that the matter is pending from 2021. Learned counsel for the appellant 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. 241 of 2021 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 long pendency in the matter, I found it appropriate that S.A. No. 241 of 2021 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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Transfer Petition No. 26 of 2023 is allowed. S.A. No. 241 of 2021 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 23 day of November, 2023.

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(Anil Kumar Srivastava, J) Chairperson

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Dated : 23.11.2023 01 /pkb

Syed Babar Rashid v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

Syed Babar Rashid v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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