Public excerpt
Transfer Petition No. 09 of 2023
Case: Transfer Petition No. 09 of 2023Pages: 2Characters (full): 2019
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 09 of 2023
(Arising out of SA No. 85 of 2023 in DRT-II Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
09.10.2023
Asim Ghosh & Anr
... Appellants
-Vs-
Punjab national Bank & Anr
……Respondents
Mr. Gaurav Singh, Learned
Counsel for the Appellant
Mr. Omkar Ganguly, Learned
Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Applicant Mr.
Gaurav Singh. Mr. Omkar Ganguly, Learned Counsel has
put his appearance for the Respondents.
Learned Counsel for the Applicant submits that SA No.
85 of 2023 is pending before the DRT-2 Kolkata wherein an
order under Section 14 of the SARFAESI Act were passed by
District Magistrate, Bankura on 19.09.2023. I.A. No. 1359
of 2023 was filed challenging the order under Section 14 of
the SARFAESI Act. No Presiding officer is posted in DRT-2
Kolkata since long. Earlier additional charge was assigned to
Presiding officer DRT Siliguri, that period also expired on
31.08.2023. Thereafter, neither any Presiding Officer is
2
posted in DRT-2 Kolkata nor additional charge is assigned to
any other DRT.
In such circumstances, Applicant has a right of hearing
before the DRT. Accordingly, I found the ground to be
sufficient. SA No. 85 of 2023 is recalled from the file of
DRT-2 Kolkata and is transferred to the file of DRT-1 Kolkata
for hearing in accordance with law.
Pending I.A.s if any, are disposed of accordingly.
Interim order, if any, stands vacated.
Copy of the order be supplied to the Appellant and the
Respondent and the copy be also forwarded to the
concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court
today.
(Anil Kumar Srivastava,J)
Chairperson
Dated: 9th October, 2023
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