191090002412022_72b2ba2ed6c7cd3900fc6a82b2be7e60.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               (Appeal No. 33 of 2022)
MA No. 08 of 2022
I.A. No. 255 of 2022
(Arising out of S.A. 118 of 2015  in DRT-2 Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
                         CHAIRPERSON
05.08.2022
State Bank of India  
… Appellant
-Vs-
   S. R. Worth Ltd. & Ors.
 …  Respondents
Mr. P.K.Mukherjee, learned counsel 
for the Appellants 
Mr. N. Mishra, learned counsel with 
Mr. G. Singh, learned counsel for the 
respondent. 
THE APPELLATE TRIBUNAL :
 
I.A. 255 of 2022 is a put up application.  I.A. is allowed. Matter is 
taken up today. 
M.A. No. 08 of 2022 is filed seeking stay of operation of the order 
passed in Appeal No. 33 of 2022 on 03.08.2022 and to transfer the S.A. 118 
of 2015 to DRT-1, Kolkata. 
Heard learned counsel for the appellant as well as learned counsel for 
the respondents.  
Appeal No. 33 of 2022 was decided on 03.08.2022 wherein the appeal 
was allowed and interim order passed by learned DRT was set aside. 
Learned counsel for the respondents submits that operation of the impugned 
order may be stayed.  Further prayer is since there is no Presiding Officer in 
DRT-2 matter may be transferred to DRT-1.  As far as transfer of cases are 
concerned there is procedure prescribed in Section 17A of the Recovery of 
Debts and Bankruptcy Act, 1993.  However, appellant has not moved any 
application u/s 17A of the Recovery of Debts and Bankruptcy Act, 1993. 
Hence this prayer cannot be granted. 
At this stage, learned counsel for the respondents prays that this 
application may be treated as an application u/s 17A.  Since there is a 
prayer for transfer of the S.A., this application be treated as an application 
u/s 17A of the Recovery of Debts and Bankruptcy Act, 1993. Copy of the 
application be served upon the appellant. 
Learned counsel for the respondents prays for stay of operation of the 
order dated 03.08.2022.  Since appeal has been allowed on 03.08.2022, I do 

not find any ground to stay the operation of order dated 03.08.2022. 
Accordingly, prayer for stay of operation of the order dated 03.08.2022 is 
rejected.  Appellants may file objection, if any, by the next date of hearing. 
List on 08.08.2022 for hearing on the prayer for transfer of S.A. from 
DRT-2 to DRT-1, Kolkata.
  
                     (Anil Kumar Srivastava,J)
                   Chairperson
Dated: 5th  August, 2022
01/pkb