Pvt. Ltd. And Ors vs India Sme Asset Reconstruction
2023 Latest Caselaw 7356 Cal

02.11.2023
Sl. 15
Ct.No. 07
KB/Amalranjan
                       C.O. 4014 of 2023

                   M/s. Sofine Transformers
                       Pvt. Ltd. and ors.
                              Vs
                India Sme Asset Reconstruction
                   Company Limited and ors.

                Mr. Avirup Chatterjee..........for the petitioners

                    Learned advocate for the petitioners is

                present.

                    Heard learned advocate for the petitioners.

                    This application is directed against the

                order dated 13.10.2023 passed by learned Debts

                Recovery Appellate Tribunal, Kolkata in Transfer

                Petition No. 05 of 2023. Although under Section

                17A(2) of the Recovery of Debts and Bankruptcy

                Act, 1993    notice is required to be issued in

                deciding the application under Section 17A(2)

                with regard to transfer of any petition, but the

                fact that the notice was already issued upon the

                respondents prior to moving transfer petition No.

05/2023 before the Chairperson of Appellate

Tribunal and the fact that the none of the

respondents appeared before the said appellate

tribunal in the transfer petition, this court is of

the view that service of further notice may be

dispensed with in the instant case as the matter

involves a transfer of a pending case.

It is the contention of the petitioners that in

terms of the judgment dated 6.9.2023 passed by

this court, it is necessary that SA No. 191/2017

pending before the Debts Recovery Tribunal II

Kolkata to be decided afresh by the learned

Tribunal, but the said application could not be

decided in compliance to the order of this court

as the post of the Presiding Officer of Debts

Recovery Tribunal II Kolkata is lying vacant.

Upon perusal of the order passed by the

learned Chairperson, Debts Recovery Tribunal

Kolkata, it appears that the learned Chairperson

was pleased to observe that this matter does not

fall within the category of urgent matters as the

urgency in this matter is that third party interest

may be created by the purchaser, although no

such plea is made out before the Debts Recovery

Tribunal, Kolkata.

Upon considering the facts of the case, this

court is of the view that some elements of

urgency is there in this particular application for

which the matter pending before the DRT II

Kolkata should be transferred to any other

tribunal in the interest of justice.

Thus, this application stands disposed of.

SA 191/2017 pending before the DRT II

Kolkata is transferred to DRT III Kolkata for

disposal in accordance with law.

Necessary steps be taken by the office of

DRT II Kolkata to send the records to DRT III

Kolkata for disposal of the case expeditiously.

( Biswaroop Chowdhury,J. )