Public excerpt
191090003782022_b3203a8f11cf88cddb2f83a006ff5b80.pdf
Pages: 2Characters (full): 2042
Full judgment text and the official PDF are available after sign-in. This page shows an excerpt for discovery and research previews only.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc Application No. 08 of 2022 in Appl No. 33 of 2022)
(Arising out of S. A. 118 of 2015 in DRT-2, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
25.08.2022
State Bank of India
… Appellant
-Vs-
M/s S.R. Worth Limited & 4 others
….Respondents
Mr. Pankaj Kumar Mukherjee,
Learned Counsel for the Appellant
Mr. Nimesh Mishra, Learned Counsel
Mr. Gaurav Singh, Learned Counsel
Mr. D. Basu Roy, Learned Counsel
for the Respondents
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the Appellant and Learned
Counsel for the Respondent and perused the record. Learned
Counsel for the Applicant submits that the matter was pending
before the Ld DRT-2 Kolkata. There is no Presiding Officer in
DRT-2 Kolkata. Learned Counsel submits that there is urgency
in the matter as sale certificate has already been issued and
copy of the same is produced before this Tribunal by the
Learned Counsel for the Respondent today.
It is further
submitted the Applicants are remediless. They are not having
judicial forum to canvas their grievances. Hence, the matter
may be recalled from the file of DRT-2 and the matter may be
transferred to any other DRT where Presiding Officer is posted.
Having gone through the record, I found that a sale
certificate was issued by the Bank on 3rd August, 2022.
SARFAESI Application is pending before DRT-2 Kolkata. In
such
circumstances,
keeping
in
view
the
facts
and
circumstances of the case, I found it appropriate to recall the
SARFAESI Application No. 118 of 2015 from the file of DRT-2
Kolkata and transfer it to the file of DRT-1 Kolkata for disposal
in accordance with law expeditiously after affording an
opportunity of hearing to the parties.
Sd/-
(Anil Kumar Srivastava,J)
Chairperson
Dated: 25th August, 2022
18/tp