Allowed

Sri Byasmuni Gupta and Another v. Punjab National Bank and another

DRAT23 Nov 2023TRANSFER PETITION/27/2023

Case brief

AI extract

What is this about?

In an interim order, the Tribunal allowed a transfer petition regarding a pending Securities Appeal. The order recalled the appeal from DRT-II Kolkata (vacant) and transferred it to DRT-1 Kolkata due to non-availability of Presiding Officer.

What did the court decide?

S.A. No. 153 of 2021 is recalled from DRT-II Kolkata and transferred to DRT-1 Kolkata.

Sri Byasmuni Gupta and Another versus Punjab National Bank… — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Transfer Petition No. 27 of 2023

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(Arising out of SA No.153 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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Punjab National Bank.

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….. Respondents

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For Appellant : Md. Bharuzzaman, ld. Advocate. For Respondents : Mr. S. Pal Chowdhury, 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. 153 of 2021 was filed before the learned DRT-II Kolkata which is pending. Learned counsel submits that auction sale is fixed on 30.11.2023. Learned counsel further submits that that appellant had approached Hon’ble High Court at Calcutta by filing WPA No. 23353 of 2023 wherein Hon’ble High Court has passed an interim order till 30.11.2023 with liberty to approach concerned Tribunal. Learned counsel 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.

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Having considered the submission made by the learned advocate for the appellant, I found that S.A. No. 153 of 2021 is pending before learned DRT-II Kolkata. Earlier charge was

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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 and in view of the order passed by Hon’ble High Court at Calcutta, I found it appropriate that S.A. No. 153 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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O R D E R

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Transfer Petition No. 27 of 2023 is allowed. S.A. No. 153 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 02 /pkb

Sri Byasmuni Gupta and Another v. Punjab National Bank and another

Case brief

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Sri Byasmuni Gupta and Another v. Punjab National Bank and another

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