Transfer Petition No. 23 of 2023

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               
 Transfer Petition No. 23 of 2023
(Arising out of SA No.487 of 2023 in DRT-II Kolkata)
               
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, 
CHAIRPERSON
22.11.2023
Dipankar Samaddar 
                               …   
Appellants  
              Vs.
AO, Union Bank of India & Anr. 
….. Respondents
            
                    
For Appellant 
: Mr. Kaunish Chakraborty, ld. Advocate.  
   
 Ms. Debanjana Chakraborty, 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 appellant and perused the 
records. 
Learned counsel for the appellant submits that S.A. No. 487 
of 2023 was filed before the learned DRT-II Kolkata which is 
pending. Learned counsel for the appellant also submits that 
auction sale was fixed on 15.11.2023.  Learned counsel for the 
respondents submits that no bid was offered, as such, sale 
become infructuous.  However, next date for auction sale has yet 
not been fixed.  
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. 487 of 2023 is 
pending before learned DRT-II Kolkata.  
Earlier charge was 

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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. 487 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. 23 of 2023 is allowed.  S.A. No. 487 of 
2023 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 22 day of November, 2023.
(Anil Kumar Srivastava, J)
Chairperson
Dated : 22.11.2023
03 /pkb