m s Anamika Tourism and 9 other v. Indian Bank and 4 Ors.
Case brief
What is this about?
The court disposed of a miscellaneouos application for transferring a T.S.A. from DRT Dehradun to DRT Lucknow, rejecting the ground as the applicants were accused of adopting delaying tactics.
What did the court decide?
Mist. App. disposed of; original Tribunal directed to decide matter finally within a week or on next date.
What the court decided
Application Dy. No. 431/2024 Date: 12.11.2024
M/s Anamika Tourism & 9 Ors. Vs. Indian Bank & 4 Ors.
Present: Shri Manas Tandon along with Shri B. K. Kesharwani, counsels for the applicants,
Heard the learned counsel for the applicants.
The present misc. application has been filed by the applicants for transferring the T.S.A. No. 328/2018 from the Debts Recovery Tribunal, Dehradun to the Debts Recovery Tribunal, Lucknow on the ground that the Tribunal below has refused to hear the applicants and passed a speaking order. However, the perusal of order dated 22.12.2023 passed by the Tribunal below shows that the applicants themselves are adopting the delaying tactics so that the matter is not heard and decided on merits by hook or crook and are deliberately trying to delay the matter. In the order impugned, it is observed by the Tribunal below that the applicant is arguing in aggressive manner and is not ready for disposal finally and is adopting delaying tactics in various ways, which is not good for any litigant to create burden on the judicial authority unnecessarily.
The ground taken for transfer of the matter is not tenable as the applicants themselves are adopting delaying tactics, therefore, the present misc. application stands disposed off with direction upon the Tribunal below to consider and decide the matter finally on the next date fixed or within a week thereafter. If the applicants create any hindrance in disposal of the same, the matter may be proceeded ex-parte against them.
Justice R. D. Khare Chairperson
Issues for consideration
1 issue framed by the court
Whether the transfer application filed for delaying tactics could be accepted to move the matter to another Debts Recovery Tribunal?
Parties & counsel
- applicant
M/s Anamika Tourism & 9 Ors.
- respondent
Indian Bank & 4 Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
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