191090000252022_144296743799fa5d851a3a999376d399.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA 
                                  Misc. Appln. No. 01 of 2022 
             (Arising out of SA/127/2017 in  DRT-1, Kolkata) 
 
 
 
 
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA 
 
 
 
 
 
 
             CHAIRPERSON 
 
29.03.2022 
 
 
 
UCO Bank      
 
 
 
 
 
 
 
 
     … Applicant 
                        Vs. 
 
M/s. 
Black 
Diamonds 
Petro 
Products Pvt. Ltd. & others    
 
 
 
     
                        
                    …  Respondents 
 
Mr. 
Sailesh 
Mishra, 
learned 
Counsel for the Appellant 
 
Mr. 
B. 
Mukherjee 
& 
Mr. 
S. 
Chakraborty, Learned Counsel for 
Respondents. 
 
THE APPELLATE TRIBUNAL :  
 
Heard the learned counsel for both the parties.  
 
This is an application moved under section 17(5) and 17(6) of 
the SAFAESI Act, 2002 
 
Learned counsel for the Applicant submits that as per the 
provision contained in under section 17(5) & 17(6) of SARFAESI Act, 
learned DRT-1, Kolkata should have decided the application within four 
months which was not done in time. Accordingly, direction may be 
issued for expeditious disposal of the matter. 
 
Learned counsel for Respondents submits that the respondents 
are themselves responsible for the delay as the respondents were 
seeking time before the DRT-1, Kolkata to file opposition as would be 
evident from the orders dated 19/2/2021, 8/4/2021, 3/11/2021, 
17/2/2022, 23/2/2022 and 25/2/2022.            
 
It is further submitted that still some other applications are 
pending before the learned DRT-1, Kolkata for disposal. Learned 
counsel for the Applicant, Shri Sailesh Mishra, states that they do not 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
    
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want to file any opposition except what has already been filed before 
the learned DRT, Kolkata in respect of pending matters. 
 
This is a matter pending before DRT-1, Kolkata, where no 
Presiding Officer has taken over the charge as yet. 
 
However, keeping in view, the provision laid down under section 
17(5) and 17(6) in the interests of justice,  learned DRT-3, Kolkata is 
directed to decide the matter expeditiously. Let a copy of the order be 
sent to the DRT-1, Kolkata.     
  
 
Accordingly the Miscellaneous Application No. 01 of 2022 is 
disposed of. 
 
Copy of the order be sent to DRT concerned and be also 
uploaded in the website of this Tribunal. 
 
File be consigned to Record Room 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                    (Anil Kumar Srivastava,J) 
 
 
 
 
 
 
 
         Chairperson  
Dated: 29th March, 2022 
 
 
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