Transfer Petition No. 25 of 2023

1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               
 Transfer Petition No. 25 of 2023
(Arising out of SA No.329 of 2021 in DRT-II Kolkata)
               
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, 
CHAIRPERSON
22.11.2023
M/s. Kalachand Bose & Ors.
                               …   
Appellants  
              Vs.
Punjab National Bank & Anr. 
….. Respondents
            
                    
For Appellant 
: Mr. Debasish Karmakar, ld. Advocate.     
 Mr. Arya Nandy, ld. Advocate.
 Mr. Satyan Ojha, ld. Advocate.  
For Respondents : Mr. Sailendra Kr. Tiwari, ld. Advocate.
  Mr. Sambhu Mahato, 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. 329 
of 2021 was filed before the learned DRT-I Kolkata which is 
pending for long time.  It is 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. 329 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.  

2
In such circumstances, considering the fact that it is a long 
pending matter, I found it appropriate that S.A. No. 329 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. 25 of 2023 is allowed.  S.A. No. 329 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 22 day of November, 2023.
(Anil Kumar Srivastava, J)
Chairperson
Dated : 22.11.2023
01 /pkb