Public excerpt

Transfer Petition No. 09 of 2023

Case: Transfer Petition No. 09 of 2023Pages: 2Characters (full): 2019

Full judgment text and the official PDF are available after sign-in. This page shows an excerpt for discovery and research previews only.

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
3/tp
Search more judgments