Transfer application was disposed of. Court directed the lower Tribunal to decide the pending securitization subject application expeditiously and warned parties against unnecessary adjournments.
Parties directed to avoid unnecessary adjournments; lower Tribunal to decide pending subject application expeditiously within two months.
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Transfer Application No. 02/2025 Date: 18.03.2025
Chandrawati Singh Vs. Bank of Baroda
Present: Shri B. K. Kesarwani, counsel for the applicant, Shri Avinash Jaiswal, counsel for the respondent-Bank,
Heard the learned counsels for the parties.
Learned counsel for the applicant submits that the present application is a transfer petition and the Bank has no locus, therefore, the copy of the same has not been served upon it.
Learned counsel for the applicant further submits that the matter is being repeatedly adjourned by the Tribunal below at the behest of the respondent-Bank. It is, therefore, prayed that the securitization application filed by the applicant may be transferred from the DRT, Allahabad to another DRT under jurisdiction of this Appellate Tribunal. The said averment has been denied by the learned counsel for the respondent-Bank.
In view of the above, the main ground for transfer is that the matter is being repeatedly adjourned, but the fact remains that the adjournments were sought by the respondent-Bank for one reason or the other and not by the Tribunal below, therefore, I deem it fit to direct the Tribunal below to decide the S.A. No. 688/2019 most expeditiously.
Accordingly, the present transfer petition stands disposed off with direction upon the Tribunal below to consider and decide the S.A. No. 688/2019, which is stated to be pending, in accordance with law most expeditiously, preferably within two months from the date of production of certified copy of this order. It is made clear that no unnecessary adjournment shall be sought by either of the parties.
Justice R. D. Khare Chairperson
Anupam
2 issues framed by the court
Whether the impugned transfer application should be disposed of pending a decision on the main subject application?
Whether the impugned transfer order should direct the lower Tribunal to decide the subject application expeditiously?
Chandrawati Singh
Bank of Baroda
R. D. Khare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
