The applicant filed to withdraw an Origin application for lack of territorial jurisdiction. The Tribunal allowed the withdrawal and permitted re-filing in the appropriate forum.
Origin application dismissed as withdrawn with liberty to file in the appropriate Tribunal.
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Debts Recovery Tribunal-Il, Delhi
op.l26412023
PEGASUS ASSETS RECONSTRUCTION PRIVATE LIMITED Vs SATISH KUMAR AND ORS
22.tL.2023
Item no.16
Present: Mr. Aditya Sharma, Counsel for applicant FI.
Matter is taken through Video Conferencing.
It has been submitted that the OA has been filed in the wrong court and this Tribunal has no territorial jurisdiction to adjudicate the matter. Therefore, the applicant may be permitted to withdraw the OA and file the same before appropriate court. The OA is dismissed as withdrawn with libefty to file the same in the Tribunal having Jurisdiction.
File be consigned to records.
/-''g./
(SUSHIL KUMAR RASTOGI)
PRESIDING OFFICER, DRT-II, Delhi
1 issue framed by the court
Whether the Debt Recovery Tribunal has territorial jurisdiction to adjudicate the petition filed as a Wrong File.
PEGASUS ASSETS RECONSTRUCTION PRIVATE LIMITED
SATISH KUMAR AND ORS
SUSHIL KUMAR RASTOGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
