Transfer Petition No. 22 of 2023

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               
 Transfer Petition No. 22 of 2023
(Arising out of SA No.342 of 2023 in DRT-II Kolkata)
               
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, 
CHAIRPERSON
22.11.2023
Ramasan Singh & Ors. 
                               …   
Appellants  
              Vs.
Punjab National Bank & Anr. 
….. Respondents
            
                    
For Appellant 
: Mr. Debasish Karmakar, ld. Advocate.     
 Mr. Anindya Chowdhury, ld. Advocate. 
For Respondents : 
  
 
   
THE APPELLATE TRIBUNAL :
Affidavit of service filed by the appellant is taken on record. 
None is present for the Respondent. 
Heard learned counsel for the appellant and perused the 
records. 
Learned counsel for the appellant submits that S.A. No. 342 
of 2023 was filed before the learned DRT-II Kolkata which is 
pending. Learned counsel also submits that sale notice was not 
served upon the appellant.  However, an amount of Rs.5.00 lakh 
and odd has been credited in appellants’ account.  
Learned 
counsel for the appellant further submitted that DRT-II Kolkata is 
lying vacant.  No Presiding Officer is posted there, even charge 
was not assigned to any other Presiding Officer.  Hence, the 
matter may be transferred to any other DRT having jurisdiction.  
Having considered the submission made by the learned 
advocate for the appellant that auction sale was conducted 
without serving notice, then without entering into the merit of the 
matter I found it appropriate that appellant should be given 
opportunity of hearing.  I found that S.A. No. 342 of 2023 is 

pending before learned DRT-II Kolkata.  
Earlier charge was 
assigned to Presiding Officer, DRT-Siliguri, but that too expired on 
31.08.2023.  
Thereafter charge of DRT-II Kolkata was not 
assigned to any other DRT.  
In such circumstances, considering urgency in the matter, I 
found it appropriate that S.A. No. 342 of 2023 be recalled from 
the file of DRT-II Kolkata and transfer to any other DRT having 
jurisdiction.  Accordingly, transfer petition is liable to be allowed.     
O R D E R
Transfer Petition No. 22 of 2023 is allowed.  S.A. No. 342 of 
2023 pending before DRT-II Kolkata is recalled and transfer to 
DRT-3 Kolkata for disposal in accordance with law. No costs.  
File be consigned to record room.
Copy be also forwarded to the appellant and respondent also 
to the concerned DRT. 
Copy of the judgement/Final Order be uploaded in the 
Tribunal’s website. 
Order dictated, signed and pronounced by me in the open 
Court on this the 22 day of November, 2023.
(Anil Kumar Srivastava, J)
Chairperson
Dated : 22.11.2023
06 /pkb