Azmeer Business Pvt Ltd And Ors vs UNITED BANK OF INDIA on 1 March 2019

ORDER SHEET

(SA/101/2011)

Vs

<table border="1" style="width: 100%; border-collapse: collapse;"> <thead> <tr> <th style="width: 10%; text-align: center;">Date of Order</th> <th style="width: 70%; text-align: center;">Order with Signature</th> <th style="width: 20%; text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td></td> <td> <p><b>RA/07/2013 (SA/101/2011) Azmeer Business (P) Ltd. &amp; others Vs United Bank of India &amp; Another</b></p> <p><b>Date : 01.03.2019</b></p> <p>Shri D. Chakraborty, Learned Counsel appeared for Review Applicant, United Bank of India</p> <p>Shri P. Pal, Learned Counsel appeared for Respondents, Azmeer Business(P) Ltd &amp; Others</p> <p style="text-align: center;"><b><u>ORDER ON RA/07/2013</u></b></p> <ol style="list-style-type: none; padding-left: 0;"> <li>1. SA/101/2011 filed by Azmeer Business(P) Ltd. was disposed of vide this Tribunal's order dated 04.06.2013. The Tribunal vide order dated 04.06.2013 allowed the SA/101/2011 along with certain directions upon the Respondent Bank, United Bank of India for compliance.</li> <li>2. Being aggrieved by the Tribunal's order dated 04.06.2013, United Bank of India, filed Review Application being No. 07/2013 arising out of SA/101/2011 on 10.07.2013 under Rule 5A of Debts Recovery(Procedure) Rules, 1993 read with Section 17(7) of the SARFAESI Act, 2002, taking limitation from the order dated 04.06.2013 passed by the Tribunal in SA/101/2011.</li> <li>3. During the pendency of the matter, the issue of jurisdiction of this Tribunal for adjudication of the present RA has arisen in view of formation of Debts Recovery Tribunal, Siliguri in the year 2017.</li> <li>4. The matter was heard on 19.02.2019 on the point of jurisdiction of the Tribunal for adjudication of the present RA being No. 07/2013.</li> <li>5. Learned Counsel for Review Applicant has forcefully contended that this Tribunal has no jurisdiction to adjudicate the matter on the ground of formation of Debts Recovery Tribunal, Siliguri which is the proper forum for adjudication of the present matter. Learned Counsel has submitted that Review Applicant, United Bank of India and the Respondents are situated at Siliguri. On the other hand, Learned Counsel for Respondents has submitted that since this Tribunal has disposed the</li> </ol> <div style="text-align: right; margin-top: 20px;"> </div> </td> <td></td> </tr> </tbody> </table>

ORDER SHEET

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<table border="1" style="width: 100%; border-collapse: collapse;"> <thead> <tr> <th style="width: 10%; text-align: center;">Date of Order</th> <th style="width: 70%; text-align: center;">Order with Signature</th> <th style="width: 20%; text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td></td> <td> <p>connected SA/101/2011, hence this Tribunal is the proper forum for adjudication of the present RA/07/2013.</p> <p>6. Heard the Learned Counsel for the parties. The observation and finding of the Tribunal are as under:</p> <p>(i) The Review Applicant, United Bank of India being aggrieved by the order dated 04.06.2013 passed in SA/101/2011 by this Tribunal has filed the present RA being No. 07/2013 on 10.07.2013</p> <p>(ii) The sanctioning branch of the Review Applicant, United Bank of India is situated at Siliguri and the Respondents are also situated at Siliguri.</p> <p>(iii) Prior to formation of DRT, Siliguri, the matters relating to North Bengal were under the jurisdiction of DRT-2, Kolkata. The present RA being no 07/2013 has been filed on 10.07.2013 i.e. prior to establishment of the DRT, Siliguri. The Debts Recovery Tribunal, Siliguri has been discharging judicial functions since its formation in the year 2017. Hence, there is an issue of jurisdiction of the Tribunal for adjudication of the present matter.</p> <p>(iv) The present RA has been filed by United Bank of India on 10.07.2013 under Rule 5A of DRT(Procedure) Rules, 1993 read with Section 17(7) of the SARFAESI Act, 2002. The Tribunal is of the view that after formation of the DRT, Siliguri, the Kolkata DRT-2 has lost its jurisdiction to adjudicate the matters relating to the Districts of North Bengal vide Gazette Notification published by Govt. of India. Hence, the Tribunal is of the view that the present matter being RA/07/2013 arising out of SA/101/2011 (disposed of vide this Tribunal's order dated 04.06.2013) falls under the jurisdiction of DRT, Siliguri.</p> <p>7. In view of above, the Registry of the Tribunal is directed to transfer the present RA along with SA/101/2011 to DRT, Siliguri for proper adjudication.</p> <div style="text-align: right; margin-top: 20px;"> </div> </td> <td></td> </tr> </tbody> </table>

ORDER SHEET

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<table border="1"><thead><tr><th data-bbox="75 218 155 285">Date of Order</th><th data-bbox="155 218 755 285">Order with Signature</th><th data-bbox="755 218 898 285">Office action with date and dated Signature of parties when necessary</th></tr></thead><tbody><tr><td data-bbox="75 285 155 934">01/03/2019</td><td data-bbox="155 285 755 934"><p>8. The parties are directed to appear before the Learned Registrar of DRT, Siliguri in respect of listing of the matter before the Debts Recovery Tribunal, Siliguri.</p><p>Order dated 01^st March, 2019 is pronounced in open Tribunal.</p><p>Copy of the order be given to the parties. .</p><p style="text-align: right;"><br/>(M.S. Rao)<br/>Presiding Officer<br/>Kolkata DRT No. 2</p></td><td data-bbox="755 285 898 934"></td></tr></tbody></table>