Transfer Petition . No. 05 of 2025 -DRAT-Kolkata

Reportable/Non-Reportable
                                           
      
        Transfer Petition . No. 05  of   2025 -DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT 
KOLKATA
 HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
               CHAIRPERSON
Transfer Petition No.05 of 2025
(Arising out of MA No. 15 of 2023 and I.A. No. 1702 of 2025 
in DRT-3 Kolkata) 
1. Sri Tarkeswar Gupta, 9K, Munshi Bazar Road, Kolkata -700015
            .…Appellants
-Versus-
1. UCO Bank, 202, APC Road, Kolkata-700004.
2. The Authorised Officer, UCO Bank, 202, APC Road, Kolkata-
700004.
3. Sri Rabindra Nath Sikdar, 114J/1A, Dr. Suresh Chandra Banerjee 
Road, PO and PS Beliaghata, Kolkata -700010.
                                                                     ….Respondents
                                 
Counsel for Appellants     
Mr. Debasish Chakrabarty,
Mr. Snehasish Chakrabarty,
Mr. Anindya Chowdhury 
Counsel for Respondents   
Mr. Rahul Sarkar (virtual)
JUDGMENT                         
:   
       25th  September, 2025
THE APPELLATE TRIBUNAL : 
                                   Admission 
Heard the Learned Counsel for the Applicant as well as  
Respondent Bank and perused the record.  

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 Transfer Petition No. 05 of   2025 -DRAT-Kolkata
2.
Instant Application is filed with two reliefs (i) for  
transfer of the record of M.A. No. 15 of 2023 and I.A. No. 
1702 of 2025 from the file of DRT-3 Kolkata to any other 
DRT, or (ii) to issue a direction to the Debts Recovery 
Tribunal-3 Kolkata for expeditious disposal of M.A. No.15 of 
2023 and I.A. No. 1702 of 2025.
3.
It appears that S.A. No. 269 of 2022 (Sri Rabindra Nath 
Sikdar and another versus UCO Bank and others) was 
decided by the Learned DRT-3 Kolkata on 03.10.2023 
wherein the S.A. was allowed with  a further direction to the 
Bank to refund the entire consideration money to the 
auction purchaser along with interest @10% per annum.  
Thereafter, M.A. No. 15 of 2023 was filed by the Bank on 
18.11.2023 for review of the judgment to an extent of 
reducing the interest rate imposed upon by the DRT.  That 
MA is still pending.  I.A. No. 1702 of 2025 was filed by the 
Applicant who is an auction purchaser for issuance of a 
direction to comply the order passed by Learned DRT on 
03.10.2023 but the same is also still pending.  In the 
meantime, Applicant herein (auction purchaser) preferred 
W.P.A. No.  1097 of 2023  before the Hon’ble High Court at 
Calcutta which was decided on 24.07.2023 wherein Hon’ble 
High Court issued the following directions-  
“Accordingly, WPA No. 1097 of 2023 is disposed of with liberty to
the petitioners to approach the concerned Tribunal, either in the 
proceeding filed by the borrower or in any independent proceeding, 
urging the points as raised herein. If so approached, the Tribunal shall 
decide all questions involved, without being influenced unduly by any 
of the observations made herein.

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 Transfer Petition No. 05 of   2025 -DRAT-Kolkata
It is expected that the Tribunal shall decide the application of 
the petitioners, if so filed, as expeditiously as possible, preferably 
within months from the date of filing of such application.
There will be no order as to costs.”
4.
Despite orders of the Hon’ble High Court dated 
24.07.2023, I.A. No. 1702 of 2025 and MA No. 15 of 2025 
are still pending on the file of the DRT-3 Kolkata.    
5.
Perusal of the order reveals that on 17.07.2025 
Learned DRT heard the matter in part but hearing could not 
be concluded and fixed the matter for hearing on 
18.11.2025. 
6.
A perusal of the record reveals that the order passed in 
the S.A. No. 269 of 2022 attains finality as the same was 
not challenged.  Similarly, an Application for reducing the 
amount of interest is moved by the Bank but it does not 
entitle the Bank not to comply the orders of the Learned 
DRT, but the fact remains that the order has yet not been  
complied on the pretext that MA No. 15 of 2023 is pending 
for disposal.

…