Transfer Petition No. 26 of 2023

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               
 Transfer Petition No. 26 of 2023
(Arising out of SA No.241 of 2021 in DRT-II Kolkata)
               
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, 
CHAIRPERSON
23.11.2023
Syed Babar Rashid  & Ors. 
                               …   
Appellants  
              Vs.
Punjab National Bank & Ors. 
….. Respondents
            
                    
For Appellant 
: Ms. Shreya Trivedi, ld. Advocate.  
   
 
For Respondents : Ms. Poetry Dutta, ld. Advocate.
  
 
   
THE APPELLATE TRIBUNAL :
Affidavit of service filed by the appellant is taken on record. 
Respondents are represented through their advocate. 
Heard learned counsel for the parties and perused the 
records. 
Learned counsel for the appellant submits that S.A. No. 241 
of 2021 was filed before the learned DRT-II Kolkata which is 
pending.  Learned counsel for the appellant submits that the 
matter is pending from 2021.  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, I found that S.A. No. 241 of 2021 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 long pendency in the 
matter, I found it appropriate that S.A. No. 241 of 2021 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. 26 of 2023 is allowed.  S.A. No. 241 of 
2021 pending before DRT-II Kolkata is recalled and transfer to 
DRT-1 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 23 day of November, 2023.
(Anil Kumar Srivastava, J)
Chairperson
Dated : 23.11.2023
01 /pkb